NRS: CHAPTER 684A - ADJUSTERS

[Rev. 6/29/2024 4:58:07 PM--2023]

CHAPTER 684A - ADJUSTERS

NRS 684A.010 Applicability; short title.

NRS 684A.015 Definitions.

NRS 684A.020 “Adjuster” defined.

NRS 684A.023 “Automated claims adjudication system” defined.

NRS 684A.024 “Business entity” defined.

NRS 684A.025 “Catastrophe” defined.

NRS 684A.027 “Home state” defined.

NRS 684A.030 “Independent adjuster,” “public adjuster,” “company adjuster” and “staff adjuster” defined.

NRS 684A.031 “Person” defined.

NRS 684A.033 “Uniform Business Entity Application” defined.

NRS 684A.034 “Uniform Individual Application” defined.

NRS 684A.035 Applicability of other provisions.

NRS 684A.040 License required; penalties; exception to requirement for licensure for certain salaried employees of insurer.

NRS 684A.050 Concurrent licensing as independent, public, company and staff adjuster prohibited; fees.

NRS 684A.055 Licensing of or ownership of licensed business entity by person in business of repairing bodies of automobiles prohibited.

NRS 684A.060 Exceptions to requirement of licensing: Agents; catastrophes; temporary emergency license.

NRS 684A.070 Qualifications for license for natural person; waiver of certain requirements by Commissioner authorized; regulations.

NRS 684A.080 Licensing of business entity: Qualifications; notification of Commissioner of changes of members, directors, officers and certain other persons.

NRS 684A.090 Application for license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.090 Application for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.100 Examination for license: Required; exception.

NRS 684A.105 Examination for license: Exemptions.

NRS 684A.110 Issuance of license; notice of refusal to issue license; fees not refundable; name of licensee.

NRS 684A.115 Issuance of nonresident license; verification of licensing status; requirement to maintain resident license in home state; termination.

NRS 684A.120 Form and contents of license; trade name requirements; authority of Commissioner to contract for ministerial functions related to licensing.

NRS 684A.130 Period of validity, expiration and renewal of license; fees; request for waiver; change of address; authority of Commissioner to contract for ministerial functions related to licensing; inapplicability of provisions to temporary licenses. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.130 Period of validity, expiration and renewal of license; fees; request for waiver; change of address; authority of Commissioner to contract for ministerial functions related to licensing; inapplicability of provisions to temporary licenses. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.135 Renewal of license: Continuing education.

NRS 684A.143 Payment of child support: Statement by applicant for license; grounds for denial of license or renewal; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.147 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.150 Temporary license as independent adjuster.

NRS 684A.165 Standards of conduct.

NRS 684A.170 Place of business; display of license.

NRS 684A.180 Records.

NRS 684A.190 Responsibility for employees.

NRS 684A.200 Nonresident licensees: Service of process; agreement to appear.

NRS 684A.210 Suspension, revocation or limitation of or refusal to continue license: Grounds.

NRS 684A.220 Suspension, revocation or limitation of or refusal to continue license: Applicable provisions.

NRS 684A.230 Duration of suspension.

NRS 684A.235 Regulations.

NRS 684A.240 Administrative fine: Levy in addition to or in lieu of suspension, revocation or refusal to renew license; revocation of license for nonpayment; recovery; deposit.

NRS 684A.250 Court authorized to impose fine in lieu of Commissioner’s order suspending, revoking or refusing to continue license; exception.

NRS 684A.260 Reinstatement of license; relicensing; limitations.

_________

NRS 684A.010 Applicability; short title. This chapter applies to adjusters only as defined in NRS 684A.020, and does not apply to any person who adjusts or settles claims relating to life or health coverage or annuities. This chapter may be cited as the Nevada Insurance Adjusters Law.

(Added to NRS by 1971, 1661; A 1981, 270)

NRS 684A.015 Definitions. As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 684A.020 to 684A.034, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 3362; A 2017, 167)

NRS 684A.020 “Adjuster” defined.

1. Except as otherwise provided in subsection 2, “adjuster” means any person who, for compensation, including, without limitation, a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:

(a) Arising under insurance contracts for property, casualty or surety coverage, including, without limitation, workers’ compensation coverage, on behalf solely of the insurer or the insured; or

(b) Against a self-insurer who is providing similar coverage.

2. For the purposes of this chapter:

(a) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;

(b) An adjuster of ocean marine losses;

(1) Investigates, negotiates or settles workers’ compensation claims; and

(2) Obtains a license pursuant to this chapter;

(d) A salaried employee of a managing general agent maintaining an underwriting office in this state;

(e) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

(1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and

(2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;

(f) A licensed agent who supervises not more than 25 employees described in paragraph (e);

(g) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;

(h) A person who is employed solely to obtain facts surrounding a claim or to furnish technical assistance to a licensed independent adjuster;

(i) A person who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine the payment of claims;

(j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;

(k) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;

(l) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;

(m) A person who settles only reinsurance or subrogation claims;

(n) A broker, agent or representative of a risk retention group;

(o) An attorney-in-fact of a reciprocal insurer;

(p) A manager of a branch office of an alien insurer that is located in the United States;

(q) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims; or

(r) A travel administrator, as defined in NRS 691E.140, and any employee thereof,

Ê is not considered an adjuster.

(Added to NRS by 1971, 1661; A 1981, 270; 1987, 141; 1993, 2389; 1995, 1615; 2011, 1018, 3362; 2017, 167; 2019, 3033; 2023, 3282)

NRS 684A.023 “Automated claims adjudication system” defined. “Automated claims adjudication system” means a preprogrammed computer system which:

1. Is designed for the collection, data entry, calculation and final resolution of claims arising under an insurance contract for portable electronic insurance coverage;

2. Is used by a licensed adjuster, licensed agent or person supervised by a licensed adjuster or licensed agent; and

3. Complies with the requirements of this Code concerning the payment of claims.

(Added to NRS by 2011, 1017)

NRS 684A.024 “Business entity” defined. “Business entity” means a corporation, association, partnership, limited-liability company, limited-liability partnership or other legal entity.

(Added to NRS by 2017, 165)

NRS 684A.025 “Catastrophe” defined. “Catastrophe” means an event that:

1. Results in large numbers of deaths or injuries, causes extensive damage or destruction of facilities that provide and sustain human needs, produces an overwhelming demand on state and local response resources and mechanisms, causes a severe, long-term effect on general economic activity or severely affects state, local and private sector capabilities to begin and sustain response activities; and

2. Is declared by the Governor.

(Added to NRS by 2017, 165)

NRS 684A.027 “Home state” defined. “Home state” means:

1. The District of Columbia or any state or territory of the United States in which an independent, company, staff or public adjuster maintains his, her or its principal place of residence or principal place of business and is licensed to act as a resident independent, company, staff or public adjuster; or

2. If neither the state in which the adjuster maintains his or her principal place of residence nor the state in which the adjuster maintains his, her or its principal place of business licenses independent, company, staff or public adjusters for the line of authority sought by the adjuster, a state:

(a) Which has an examination requirement;

(b) In which the adjuster is licensed; and

(Added to NRS by 2011, 3362; A 2017, 168)

NRS 684A.030 “Independent adjuster,” “public adjuster,” “company adjuster” and “staff adjuster” defined.

1. “Independent adjuster” means an adjuster who is representing the interests of an insurer or a self-insurer and who:

(a) Contracts for compensation with the insurer or self-insurer as an independent contractor or an employee of an independent contractor;

(b) Is treated for tax purposes by the insurer or self-insurer in a manner consistent with an independent contractor rather than an employee; and

(c) Investigates, negotiates or settles property, casualty or surety claims, including, without limitation, workers’ compensation claims, for the insurer or self-insurer.

2. “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy. The term does not include an adjuster who investigates, negotiates or settles workers’ compensation claims.

3. “Company adjuster” means a salaried employee of an insurer who:

(a) Investigates, negotiates or settles property, casualty or surety claims, including, without limitation, workers’ compensation claims; and

(b) Obtains a license pursuant to this chapter.

4. “Staff adjuster” means a person who investigates, negotiates or settles workers’ compensation claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524.

(Added to NRS by 1971, 1661; A 1987, 141; 2011, 3362; 2017, 168; 2019, 3034)

NRS 684A.031 “Person” defined. “Person” means an individual or business entity.

(Added to NRS by 2017, 165)

NRS 684A.033 “Uniform Business Entity Application” defined. “Uniform Business Entity Application” means the current version of the Uniform Application for Business Entity License/Registration for resident and nonresident business entities published by the National Association of Insurance Commissioners.

(Added to NRS by 2017, 165)

NRS 684A.034 “Uniform Individual Application” defined. “Uniform Individual Application” means the current version of the Uniform Application for Individual Producer License/Registration for resident and nonresident individuals published by the National Association of Insurance Commissioners.

(Added to NRS by 2017, 165)

NRS 684A.035 Applicability of other provisions.

1. The provisions of NRS 683A.341 and 686A.310 apply to adjusters.

2. For the purposes of subsection 1, unless the context requires that a section apply only to producers of insurance or insurers, any reference in those sections to “producer of insurance” or “insurer” must be replaced by a reference to “adjuster.”

(Added to NRS by 2011, 3362; A 2019, 3034)

NRS 684A.040 License required; penalties; exception to requirement for licensure for certain salaried employees of insurer.

1. Except as otherwise provided in NRS 684A.060, no person may act as, or hold himself or herself out to be, an adjuster in this State unless then licensed as such under the applicable adjuster’s license issued under the provisions of this chapter.

2. Any person violating the provisions of this section is guilty of a gross misdemeanor.

3. Except as otherwise provided in NRS 684A.060, a person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.

4. A salaried employee of an insurer who investigates, negotiates or settles workers’ compensation claims may, but is not required to, obtain a license as a company adjuster pursuant to this chapter. The provisions of subsections 1, 2 and 3 do not apply to a salaried employee of an insurer.

(Added to NRS by 1971, 1662; A 2001, 2211; 2011, 3363; 2017, 169; 2019, 3035)

NRS 684A.050 Concurrent licensing as independent, public, company and staff adjuster prohibited; fees.

1. The Commissioner may license an individual as an independent adjuster, a public adjuster, a company adjuster or a staff adjuster. No individual shall be licensed concurrently under the same license or separate licenses as more than one such type of adjuster.

2. A company adjuster and a staff adjuster shall pay the same fees as provided for an independent adjuster in NRS 680B.010 and 680C.110.

(Added to NRS by 1971, 1662; A 2017, 169)

NRS 684A.055 Licensing of or ownership of licensed business entity by person in business of repairing bodies of automobiles prohibited. No person who is engaged in the business of repairing the bodies of automobiles may:

1. Be licensed pursuant to this chapter.

2. Own a controlling interest in a business entity licensed pursuant to NRS 684A.080.

(Added to NRS by 1985, 484; A 2017, 169)

NRS 684A.060 Exceptions to requirement of licensing: Agents; catastrophes; temporary emergency license.

1. On behalf of, as authorized by, an insurer as to which he or she is licensed as an agent under chapter 683A of NRS, an agent may from time to time act as an adjuster without a license as an adjuster; but no such agent shall act as an adjuster for an insurer with which the agent has a contract providing for compensation retrospectively contingent upon losses incurred under insurance sold or serviced by the agent.

2. No license shall be required of a nonresident salaried adjuster for the adjustment in this state of one or more losses arising out of a catastrophe common to all such losses where such losses are designated to be a catastrophe by responsible insurance associations or the Commissioner.

3. In the event of a catastrophe, an insurer shall notify the Commissioner by an application for the issuance of a temporary emergency license for each individual who is not already licensed in this State and who will act as an emergency adjuster on behalf of the insurer. The Commissioner, by regulation, shall establish standards and procedures to allow for the temporary emergency licensure of an emergency adjuster in this State.

4. An individual who is not already licensed in this State but who is otherwise qualified to adjust claims may act as an emergency adjuster and adjust claims if, within 5 days after deploying the individual to adjust claims arising from the catastrophe, the insurer notifies the Commissioner by providing the following information in a format prescribed by the Commissioner:

(a) The name of the individual;

(b) The social security number of the individual;

(d) The effective date of the contract between the insurer and the individual;

(e) The catastrophe or loss control number;

(f) The name of the catastrophe; and

(g) Any other information the Commissioner deems necessary.

5. The temporary emergency license of an individual as an emergency adjuster is valid for not more than 90 days unless extended by the Commissioner.

6. For the protection of the people of this State, the Commissioner may not issue a temporary emergency license except in compliance with the provisions of this chapter. Any individual for whom a temporary emergency license is issued must:

(a) Be at least 18 years of age;

(b) Be competent, trustworthy, financially responsible and of good reputation, as determined by the Commissioner; and

(c) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion or conspiracy to defraud and never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451.

7. An application for a temporary emergency license must be accompanied by the license fee specified for an adjuster in NRS 680B.010 and, in addition to any other fee or charge, all fees required for an adjuster pursuant to NRS 680C.110.

(Added to NRS by 1971, 1662; A 2017, 169)

NRS 684A.070 Qualifications for license for natural person; waiver of certain requirements by Commissioner authorized; regulations.

1. For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must:

(a) Be at least 18 years of age;

(b) Be eligible to declare this State as his or her home state;

(d) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion or conspiracy to defraud;

(e) Except as otherwise provided in subsection 4, never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451;

(f) Unless exempted pursuant to NRS 684A.100 or 684A.105, successfully pass all examinations required under this chapter;

(g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent; and

(h) Establish and maintain a valid electronic mail address.

2. A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

(a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and

(b) Submit to the Commissioner:

(1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

(2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

3. The Commissioner may:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

(b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

4. The Commissioner may waive the requirements of paragraph (d) or (e) of subsection 1 for good cause shown.

(Added to NRS by 1971, 1662; A 1971, 1939; 1977, 1328; 1997, 3028, 3379; 2005, 2127; 2007, 1480; 2011, 3363; 2017, 170; 2019, 3035)

NRS 684A.080 Licensing of business entity: Qualifications; notification of Commissioner of changes of members, directors, officers and certain other persons.

1. Any business entity to whom a license is issued or renewed must:

(a) Be eligible to declare this State as its home state;

(b) Designate a natural person who is a licensed adjuster and who is authorized to transact business on behalf of the business entity to be responsible for the compliance of the business entity with the insurance laws, rules and regulations of this State; and

(c) Never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451.

2. If the business entity is a firm or a corporation, transaction of business under the license must be within the purposes stated in the firm’s partnership agreement or the corporation’s charter, as applicable.

3. The licensee shall promptly notify the Commissioner in writing of all changes among its members, directors, officers and other natural persons designated pursuant to subsection 1.

(Added to NRS by 1971, 1663; A 1985, 1066; 2005, 2128; 2017, 172; 2023, 2633)

1. The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application, the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

2. If the applicant is a natural person, the application must include the social security number of the applicant and include a completed copy of the Uniform Individual Application.

3. If the applicant is a business entity, the application must identify the natural person designated pursuant to paragraph (b) of subsection 1 of NRS 684A.080 and must include:

(a) A completed copy of the Uniform Business Entity Application;

(b) The name of each member, officer and director of the business entity, as applicable;

(c) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

(d) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ê Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

4. If the applicant is a nonresident of this state, the application must be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

5. The application must be accompanied by the applicable license fee as specified in NRS 680B.010 and subsection 2 of NRS 684A.050 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050.

6. No applicant for such a license may willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

7. If the Commissioner determines that the information contained in a Uniform Individual Application or Uniform Business Entity Application submitted with an application pursuant to this section is not true, correct and complete to the best of the applicant’s knowledge and belief, the Commissioner may refuse to issue a license to the applicant or suspend or revoke the applicant’s license.

(Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778; 2011, 1019; 2017, 172; 2023, 2633)

1. The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

2. If the applicant is a business entity, the application must identify the natural person designated pursuant to paragraph (b) of subsection 1 of NRS 684A.080 and must include:

(a) A completed copy of the Uniform Business Entity Application;

(b) The name of each member, officer and director of the business entity, as applicable;

(c) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

(d) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ê Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

3. If the applicant is a nonresident of this state, the application shall be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

4. The application shall be accompanied by the applicable license fee as specified in NRS 680B.010 (fee schedule) and subsection 2 of NRS 684A.050 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050.

5. No applicant for such a license shall willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

6. If the Commissioner determines that the information contained in a Uniform Individual Application or Uniform Business Entity Application submitted with an application pursuant to this section is not true, correct and complete to the best of the applicant’s knowledge and belief, the Commissioner may refuse to issue a license to the applicant or suspend or revoke the applicant’s license.

(Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778; 2011, 1019; 2017, 172; 2023, 2633, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 684A.100 Examination for license: Required; exception. Each person who intends to apply for a license as an adjuster must, before applying for the license, personally take and pass to the Commissioner’s satisfaction a written examination testing the applicant’s qualifications and competence to act as an adjuster and his or her knowledge of pertinent provisions of this Code unless:

1. The person:

(a) Is not a resident of this State;

(b) Has passed an examination to become licensed as an adjuster in the person’s home state; and

2. The person was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

(Added to NRS by 1971, 1664; A 1981, 1805; 2011, 3364)

NRS 684A.105 Examination for license: Exemptions.

1. An adjuster whose license expires is exempt from retaking the examination required by NRS 684A.100 if:

(a) The adjuster:

(1) Is not a resident of this State;

(2) Has passed an examination to become licensed as an adjuster in the person’s home state; and

(3) Is currently licensed and in good standing in the person’s home state as an adjuster; or

(b) The adjuster was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

2. A person who applies for a license as an adjuster pursuant to NRS 684A.090 is exempt from taking the examination required by NRS 684A.100 if the person:

(a) Is licensed as an adjuster in another state;

(b) Establishes legal residency in this State; and

(c) Submits an application for a license pursuant to NRS 684A.090 within 90 days after establishing legal residency in this State.

(Added to NRS by 2001, 2211; A 2011, 3365; 2017, 173)

NRS 684A.110 Issuance of license; notice of refusal to issue license; fees not refundable; name of licensee.

1. If the Commissioner finds that the application is complete, that the applicant has passed all required examinations and is otherwise eligible and qualified for the license as an adjuster, the Commissioner shall promptly issue the license. If the Commissioner refuses to issue the license, the Commissioner shall promptly notify the applicant in writing of the refusal, stating the grounds for the refusal.

2. All fees paid by an applicant with an application for a license shall be deemed earned when received and may not be refunded.

3. An applicant for a license who desires to use a name other than his or her true name must comply with the provisions of NRS 683A.301.

(Added to NRS by 1971, 1664; A 1987, 461; 2001, 2212)

NRS 684A.115 Issuance of nonresident license; verification of licensing status; requirement to maintain resident license in home state; termination.

1. The Commissioner shall issue a nonresident license as an adjuster to a nonresident person if:

(a) The person is currently licensed in good standing as an adjuster in the resident or home state of the person;

(b) The person has submitted the proper request for licensure and has paid the fees required pursuant to NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110;

(d) The home state of the person awards nonresident licenses as an adjuster to persons of this State on the same basis.

2. The Commissioner may verify the licensing status of the nonresident person through any appropriate database, including, without limitation, the Producer Database maintained by the National Insurance Producer Registry, its affiliates or subsidiaries, or may request that the nonresident person submit proof that the nonresident person is licensed and in good standing in the person’s home state as an adjuster.

3. As a condition to the continuation of a nonresident license as an adjuster, the nonresident adjuster shall maintain a resident license as an adjuster in the home state of the adjuster. A nonresident license as an adjuster issued under this section shall be terminated and must be surrendered immediately to the Commissioner if the resident license as an adjuster in the home state is terminated for any reason, unless:

(a) The termination is due to the nonresident adjuster being issued a new resident license as an adjuster in a new home state; and

(b) The new resident license as an adjuster is from a state that has reciprocity with this State.

4. The Commissioner shall give notice of the termination of a resident license as an adjuster within 30 days after the date of the termination to any states that issued a nonresident license as an adjuster to the holder of the resident license. If the resident license as an adjuster was terminated due to a change in the home state of the adjuster, the notice must include both the previous and current address of the adjuster.

5. The Commissioner shall terminate a nonresident license as an adjuster issued pursuant to this section if the adjuster establishes legal residency in this State and fails to apply for a resident license as an adjuster within 90 days after establishing legal residency.

(Added to NRS by 2017, 166)

NRS 684A.120 Form and contents of license; trade name requirements; authority of Commissioner to contract for ministerial functions related to licensing.

1. The Commissioner shall prescribe the form of the adjuster license, which shall state:

(a) The licensee’s name, business address and a personal identification number;

(b) The classification of the license, whether as an independent adjuster, a public adjuster, a company adjuster or a staff adjuster;

(d) Such other conditions as the Commissioner deems proper.

2. The Commissioner may not issue a license in a trade name unless the name has been registered as provided by law.

3. In order to assist in the performance of the Commissioner’s duties, the Commissioner may contract with any nongovernmental entity, including, without limitation, the National Association of Insurance Commissioners or its affiliates or subsidiaries, to perform any ministerial function, including, without limitation, the collection of fees and data, relating to licensing, that the Commissioner deems appropriate.

(Added to NRS by 1971, 1665; A 1977, 1329; 2017, 173)

1. Each license issued or renewed under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner, completion of any other requirement for renewal of the license specified in this chapter and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person. The statement, if required, must be submitted, all requirements must be completed and all applicable fees must be paid on or before the renewal date for the license.

2. Any license not so renewed expires on the renewal date. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

(a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050;

(b) If the person requesting renewal is a natural person, the statement required pursuant to NRS 684A.143;

(d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

3. An adjuster who is unable to comply with the procedures and requirements to renew a license due to military service, long-term medical disability or some other extenuating circumstance may request waiver of same and a waiver of any requirement relating to an examination, fine or other sanction imposed for failure to comply with such procedures or requirements.

4. An adjuster shall inform the Commissioner by any means acceptable to the Commissioner of any change in the residence address or business address for the home state or in the legal name of the adjuster within 30 days of the change.

5. In order to assist in the performance of the duties of the Commissioner, the Commissioner may contract with nongovernmental entities, including, without limitation, the National Association of Insurance Commissioners or its affiliates or subsidiaries, to perform any ministerial function, including, without limitation, the collection of fees and data, related to licensing that the Commissioner may deem appropriate.

6. This section does not apply to temporary licenses issued under NRS 684A.150.

7. As used in this section, “renewal date” means:

(a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license.

(b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.

(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779; 2011, 3365; 2013, 3837; 2017, 174; 2019, 3036; 2021, 2966)

NRS 684A.130 Period of validity, expiration and renewal of license; fees; request for waiver; change of address; authority of Commissioner to contract for ministerial functions related to licensing; inapplicability of provisions to temporary licenses. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

(a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050;

(b) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105; and

(c) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

6. This section does not apply to temporary licenses issued under NRS 684A.150.

7. As used in this section, “renewal date” means:

(a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license.

(b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.

(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779; 2011, 3365; 2013, 3837; 2017, 174; 2019, 3036; 2021, 2966, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 684A.135 Renewal of license: Continuing education.

1. Except as otherwise provided in subsection 2, an individual who holds a license as an adjuster must satisfactorily complete a minimum of 24 hours of courses of continuing education, of which 3 hours must be in ethics, which are reported to the Commissioner as a condition for the renewal of his or her license.

2. This section does not apply to an individual who:

(a) Holds a nonresident license as an adjuster; and

(b) Has met the continuing education requirements of his or her home state.

(Added to NRS by 2017, 166)

1. A natural person who applies for the issuance or renewal of a license as an adjuster shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Commissioner shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license as an adjuster; or

(b) A separate form prescribed by the Commissioner.

3. A license as an adjuster may not be issued or renewed by the Commissioner if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2190; A 1999, 520; 2011, 3365; 2019, 3037)

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an adjuster, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a license as an adjuster that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2191; A 1999, 520; 2011, 3366; 2019, 3037)

NRS 684A.150 Temporary license as independent adjuster.

1. In the event of death or inability to act as a licensed independent adjuster, the Commissioner may issue a temporary license as an independent adjuster to another individual qualified therefor except as to the taking and passing of the required examination, to enable such individual to continue the business of the deceased licensee or the licensee who has a disability.

2. The temporary license shall be valid for 6 months, or until the temporary licensee earlier qualifies for a regular license as an independent adjuster.

3. A temporary license issued pursuant to this section may be renewed for one additional period of 180 days if:

(a) The temporary licensee, on or before a date specified by the Commissioner as the last day on which the temporary license is renewable, submits to the Commissioner a written request which includes, without limitation, sufficient justification for the renewal; and

(b) The Commissioner approves the request.

(Added to NRS by 1971, 1666; A 2023, 2634)

NRS 684A.165 Standards of conduct.

1. An adjuster shall be honest and fair in all communications with the insured, the insurer and the public.

2. An adjuster shall give policyholders and claimants prompt, knowledgeable service and courteous, fair and objective treatment at all times.

3. An adjuster shall not give legal advice and shall not deal directly with any policyholder or claimant who is represented by legal counsel without the consent of the legal counsel involved.

4. An adjuster shall comply with all local, state and federal privacy and information security laws, if applicable.

5. An adjuster shall identify himself or herself as an adjuster and, if applicable, identify his or her employer when dealing with any policyholder or claimant.

6. An adjuster shall not have any financial interest in any adjustment or acquire for himself or herself or any person any interest or title in salvage without first receiving written authority from the principal.

(Added to NRS by 2017, 166)

NRS 684A.170 Place of business; display of license.

1. Every adjuster who is a resident of this State shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license. The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof. Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.

2. The license of the licensee shall be conspicuously displayed in such place of business in a part thereof customarily open to the public.

(Added to NRS by 1971, 1666; A 2019, 1699, 3038)

NRS 684A.180 Records.

1. Each adjuster shall keep at his or her business address shown on the adjuster’s license a record of all transactions under the license.

2. The record shall include:

(a) A copy of each contract between an independent adjuster and an insurer or self-insurer.

(b) A copy of all investigations or adjustments undertaken.

(c) A statement of any fee, commission or other compensation received or to be received by the adjuster on account of such investigation or adjustment.

3. The adjuster shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years after the closure of the claim to which the records apply.

4. An independent adjuster shall comply with any record retention policy agreed to in a contract between the independent adjuster and an insurer or self-insurer to the extent that such a policy imposes a requirement to retain records for a longer period than the period required by this section.

(Added to NRS by 1971, 1667; A 2017, 174; 2019, 1699)

NRS 684A.190 Responsibility for employees. All business transacted by an adjuster under the adjuster’s license shall be in his or her name, and the adjuster shall be responsible for the acts or omissions of his or her employees within the scope of their employment.

(Added to NRS by 1971, 1667)

NRS 684A.200 Nonresident licensees: Service of process; agreement to appear. Nonresidents of this state who are granted licenses as adjusters pursuant to NRS 684A.070 are also subject to NRS 683A.281.

(Added to NRS by 1971, 1667; A 2001, 2212; 2011, 3366)

NRS 684A.210 Suspension, revocation or limitation of or refusal to continue license: Grounds.

1. The Commissioner may suspend, revoke, limit or refuse to continue any adjuster’s license:

(a) For any cause specified in any other provision of this chapter;

(b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451; or

(c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

2. The license of a business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated with respect to the license to exercise its powers.

(Added to NRS by 1971, 1667; A 2001, 2212; 2017, 175; 2019, 1700, 3038)

NRS 684A.220 Suspension, revocation or limitation of or refusal to continue license: Applicable provisions. NRS 683A.451 and 683A.461 also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses, except where in conflict with the express provisions of this chapter.

(Added to NRS by 1971, 1667; A 2001, 2212; 2019, 1700, 3038)

NRS 684A.230 Duration of suspension. Every order suspending any license shall specify the period during which the suspension shall be effective, which period shall in no event exceed 12 months.

(Added to NRS by 1971, 1668)

NRS 684A.235 Regulations. The Commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter.

(Added to NRS by 2017, 167)

NRS 684A.240 Administrative fine: Levy in addition to or in lieu of suspension, revocation or refusal to renew license; revocation of license for nonpayment; recovery; deposit.

1. In addition to or in lieu of the suspension, revocation or refusal to renew any adjuster’s license for any of the causes referred to in NRS 684A.210, after hearing thereon or upon waiver of hearing by the licensee, the Commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $500.

2. In his or her order levying the fine the Commissioner shall specify a period of not less than 15 days nor more than 30 days after the date of the order within which the fine must be paid in full.

3. If the fine is not paid when due, the Commissioner shall revoke the license involved, if not already revoked, and the fine must be recovered in a civil action brought by the Attorney General in the Commissioner’s behalf.

4. All fines recovered pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

(Added to NRS by 1971, 1668; A 1983, 1545; 1993, 1916, 2389; 1995, 579)

NRS 684A.250 Court authorized to impose fine in lieu of Commissioner’s order suspending, revoking or refusing to continue license; exception.

1. Upon the hearing of an appeal from the Commissioner’s order suspending, revoking or refusing to continue any license issued under the provisions of this chapter, the court, if it finds that the licensee is guilty of a violation of the law, and if it deems the suspension, revocation or refusal too severe a penalty under the facts as found, may impose a fine of not more than $500 in lieu thereof. Payment of the fine within 10 days thereafter shall reinstate, restore or continue the license.

2. If it appears that a license of the licensee has theretofore been suspended, revoked or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the action required by the order appealed from.

(Added to NRS by 1971, 1668)

NRS 684A.260 Reinstatement of license; relicensing; limitations. The Commissioner shall not reinstate the adjuster’s license of or relicense any licensee or former licensee whose license has been suspended or revoked until any cause for such suspension or revocation, not being a cause continuing in character, arising after issuance of the license no longer exists, or until any fine theretofore levied on the licensee under NRS 684A.240 or 684A.250 has been fully paid.

(Added to NRS by 1971, 1668)