2006 Minnesota Statutes

72B.04 LICENSE PROCEDURE AND REQUIREMENTS; EXAMINATIONS; FEES.
    Subdivision 1. Application. A license to act as an adjuster, or public adjuster solicitor shall
only be granted by the commissioner to a qualified person upon request.
    Subd. 2. Qualifications. An applicant for licensing as an adjuster under sections 72B.01
to 72B.14 shall be at least 18 years of age. The applicant shall be competent and trustworthy
and shall not have been engaged in any practice which would be grounds for suspension or
revocation of a license under sections 72B.01 to 72B.14 within the three years next preceding
the date of the application.
An applicant for licensing as a public adjuster solicitor under sections 72B.01 to 72B.14 shall
be at least 18 years of age, shall be competent and trustworthy, and shall not have been engaged in
any practice which would be grounds for suspension or revocation of a license under sections
72B.01 to 72B.14 within the three years next preceding the date of the application.
In the case of any applicant who has been convicted of a felony within the ten years next
preceding the date of the application, and who in the judgment of the commissioner, meets the
other qualifications, the commissioner may impose the additional requirement of the filing of a
bond in accordance with the requirements of section 72B.08, subdivision 8.
    Subd. 3. Application. The application for any initial or renewal license under sections
72B.01 to 72B.14 or for a temporary permit shall be signed and sworn to by the applicant and
accompanied by the appropriate fee. An application for an initial license or temporary permit
shall state the applicant's name, age, residence address, business name and address, educational
background, previous experience in the field and class in which a license or permit is sought, the
class of license applied for, and, in the case of an applicant for an adjuster's license the field
in which the license is being sought, and such other information as the commissioner deems
appropriate to determine the applicant's trustworthiness and competency. The application for an
initial license or permit shall also state whether or not the application is being made on the basis
of an examination. If the application is not made on the successful completion of an examination,
it shall state the reasons why no examination is required. Renewal of a license or permit shall be
made on the basis of an application for renewal. All applicants for a license as a public adjuster
must attach to their application evidence that the bonding requirement has been satisfied.
    Subd. 4. Bonding. No initial or renewal public adjuster's license shall be issued to any
applicant unless there is on file with the commissioner a good and sufficient surety bond, issued
by an insurer authorized to do business in this state. The bond shall be in the amount of $10,000
with the state of Minnesota as obligee, conditioned for the prompt payment to any person entitled
thereto, other than a partner or associate of the applicant, of any amounts received by the applicant
or to protect any person other than a partner or associate of the applicant from loss resulting from
fraud, dishonesty, forgery or theft in connection with the applicant's duties under sections 72B.01
to 72B.14; provided, however, that the aggregate liability of the surety to all persons for all losses
shall, in no event, exceed the amount of such bond. The bond shall remain in effect during the
term of the license, or until the surety is released from liability by the commissioner, or until
canceled by the surety. The surety may cancel a bond, without prejudice to any liability which
occurred prior to the cancellation, by giving at least 30 days' written notice to the commissioner.
In the event that the required bond is terminated, the public adjuster's license shall automatically
be suspended until a new bond is filed with the commissioner.
    Subd. 5. Examinations. A person applying for a license under sections 72B.01 to 72B.14
must successfully complete an examination prescribed by the commissioner, which examination
shall be at least in part a written examination. Examinations shall be given at such time and place
as designated by the commissioner and there shall be different examinations for adjusters, public
adjuster solicitors, and applicants for temporary permits. Adjusters' examinations shall be given in
at least each of three fields: fire and allied lines, inland marine lines and including all perils under
homeowners policies; all lines written as casualty insurance under section 60A.06, and including
workers' compensation; and a combination of the two foregoing fields. Each examination shall
be, in the judgment of the commissioner with the advice of the advisory committee, sufficient to
require for a satisfactory score such knowledge of insurance, adjusting practices and appraisal
techniques, to the extent that such knowledge is necessary for the class of license applied for and
the field in which the applicant is being examined, that the people of Minnesota will receive
insurance claim service from persons who are sufficiently trained to make fair and well informed
judgments in the evaluation or settlement of insured losses. The examination for an applicant
for a temporary permit may be oriented to the specified fields, but shall be less exacting than the
examination for a license.
The commissioner may by rule determine the period of time between failure of an
examination and reexamination.
A person shall not be eligible to take an examination if that person's license as an adjuster or
public adjuster solicitor has been revoked in this or any other state within the three years next
preceding the date of the application.
No examination shall be required for the timely renewal of a license, unless the license has
been revoked.
    Subd. 6. Exceptions. A person who on January 1, 1972, meets all of the qualifications
specified in subdivision 2 with regard to the class of license applied for and, if experience is one
of the requisites, has gained the experience within the three years next preceding January 1, 1972,
shall be eligible for the issuance of a license without taking an examination.
A person who has held a license of any given class or in any field or fields within three years
prior to the application shall be entitled to a renewal of the license in the same class or in the
same fields without taking an examination.
A person applying for a license as a crop hail adjuster shall not be required to comply with
the requirements of subdivision 5.
The commissioner may issue a license under sections 72B.01 to 72B.14 without an
examination, if the applicant presents sufficient and satisfactory evidence of having passed a
similar examination in another state and if the commissioner, with the advice of the advisory
board, has determined that the standards of such other state are equivalent to those in Minnesota
for the class of license applied for. Any applicant who presents sufficient and satisfactory evidence
of having successfully completed all six parts of the Insurance Institute of America program in
adjusting or other programs approved by the commissioner shall be entitled to an adjuster's
license without taking the examination prescribed in subdivision 5.
    Subd. 7. License term. (a) Initial licenses issued under this section are valid for a period
not to exceed two years. Each initial license must expire on October 31 of the expiration year
assigned by the commissioner.
(b) Licenses issued under this section may be renewed upon the timely filing of an
application for renewal. Every renewal license is valid for a period of 24 months.
    Subd. 8. Renewal. An application for renewal of a license issued under sections 72B.01
to 72B.14 shall be on a form prescribed by the commissioner and shall be filed with the
commissioner with payment of the renewal fee prior to the expiration date of the license.
    Subd. 9. Notice of changes. Each licensee or holder of a temporary permit shall give written
notice to the commissioner of any change in name, or residence address not later than ten days
after such change. The commissioner may, upon receipt of such notice, issue an amendment to the
license incorporating such changes.
    Subd. 10. Fees. A fee of $50 is imposed for each initial license or temporary permit and
$50 for each renewal thereof or amendment thereto. A fee of $20 is imposed for the registration
of each nonlicensed adjuster who is required to register under section 72B.06. All fees shall be
transmitted to the commissioner and shall be payable to the Department of Commerce.
History: 1971 c 704 s 4; 1973 c 725 s 2; 1975 c 359 s 23; 1979 c 141 s 3-6; 1984 c 592
s 75,76; 1986 c 444; 1991 c 233 s 44; 1992 c 513 art 3 s 26; 1992 c 564 art 1 s 50; 1994 c
485 s 59; 1997 c 200 art 1 s 45; 1999 c 177 s 71; 1999 c 223 art 2 s 10; 2001 c 208 s 6,7;
1Sp2005 c 1 art 4 s 6