1.The division may place on probation, suspend, revoke, or refuse to issue or renew an
adjuster’slicense, andmaylevyacivilpenaltyasprovidedinsection522C.14, foroneormore
of the following causes:
a.The adjuster provided incorrect, misleading, incomplete, or materially untrue
information in a license application.
b.The adjuster violated an insurance law, regulation, subpoena, or order of the
commissioner or of a commissioner of another state.
c.The adjuster obtained or attempted to obtain a license through misrepresentation or
fraud.
d.The adjuster improperly withheld, misappropriated, or converted money or property
received in the course of doing business.
e.The adjuster was convicted of a felony.
f.The adjuster admitted to, or was found to have committed, any unfair trade practice o
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1. The division may place on probation, suspend, revoke, or refuse to issue or renew an
adjuster’slicense, andmaylevyacivilpenaltyasprovidedinsection522C.14, foroneormore
of the following causes:
a. The adjuster provided incorrect, misleading, incomplete, or materially untrue
information in a license application.
b. The adjuster violated an insurance law, regulation, subpoena, or order of the
commissioner or of a commissioner of another state.
c. The adjuster obtained or attempted to obtain a license through misrepresentation or
fraud.
d. The adjuster improperly withheld, misappropriated, or converted money or property
received in the course of doing business.
e. The adjuster was convicted of a felony.
f. The adjuster admitted to, or was found to have committed, any unfair trade practice or
fraud.
g. The adjuster used fraudulent, coercive, or dishonest practices, or demonstrated
incompetence, untrustworthiness, or financial irresponsibility, or was a source of injury or
loss in the conduct of business in this state or elsewhere.
h. The adjuster had any professional license, or its equivalent, denied, suspended, or
revoked in this state or any other state, province, district, or territory.
i. The adjuster forged another’s name to any document related to the adjuster’s work as
an adjuster.
j. The adjuster improperly used notes or any other reference material to complete an
examination for an adjuster license.
13 LICENSING OF ADJUSTERS, §522C.13
k. The adjuster knowingly negotiated as an adjuster with an individual or business entity
who is not, but is required to be, licensed as an adjuster, appraiser, or umpire.
l. The adjuster failed to comply with an administrative or court order imposing a child
support obligation.
m. The adjuster failed to comply with an administrative or court order related to
repayment of loans to the college student aid commission.
n. The adjuster failed to pay state income tax or to comply with any administrative or
court order directing payment of state income tax.
o. The adjuster failed or refused to cooperate in an investigation conducted by the
commissioner or the commissioner’s designee.
p. The adjuster intentionally misrepresented the terms of an actual or proposed contract
for services.
2. If the commissioner does not renew an adjuster’s license or denies an application for
a license, the commissioner shall notify the adjuster or applicant and advise, in writing, of
the reason for the nonrenewal of the license or denial of the application for a license. The
adjuster or applicant may request a hearing on the nonrenewal or denial by filing a written
request for a hearing within thirty calendar days from the date of notice of the nonrenewal
or denial. A hearing shall be conducted according to section 522C.15.
3. The license of a business entity may be suspended, revoked, placed on probation, or
refused if the commissioner finds, after hearing, that an individual adjuster’s violation was
known or should have been known by a licensed partner, officer, or manager of the business
entity and the violation was not reported to the commissioner and corrective action was not
taken.
4. The license of a nonresident adjuster shall be immediately inactive if the nonresident
adjusterisplacedonprobation, suspended, revoked, refused, ordeniedlicensureinanyother
state. The nonresident adjuster shall have seven calendar days to alert the commissioner
that the nonresident adjuster has been placed on probation, suspended, revoked, refused,
nonrenewed, or denied licensure in another state. Failure to meet the reporting deadline
shall be a violation of this section.
5. In addition to, or in lieu of, denial, probation, suspension, or revocation of a license
under this section, an adjuster, after hearing, may be subject to a civil penalty as provided in
section 522C.14.
6. The commissioner may enforce this chapter, may conduct an investigation of any
suspected violation of this chapter, and may impose any penalty or remedy authorized by this
chapter against any person who is under investigation for, or charged with, a violation of this
chapter even if the person’s license has been surrendered or has lapsed by operation of law.
7. a. All complaint files, investigation files, investigation reports, and other investigative
information in the possession of the commissioner or the commissioner’s agents that relates
toadjusterdisciplineshallbeprivilegedandconfidential,andshallnotbesubjecttodiscovery,
subpoena, or other means of legal compulsion for release to a person other than the adjuster,
and shall not be admissible in evidence in a judicial or administrative proceeding other than
a proceeding involving adjuster discipline. A final written decision of the commissioner in a
disciplinary proceeding shall be a public record.
b. Investigative information in the possession of the commissioner or the commissioner’s
agents that relates to adjuster discipline may be disclosed, at the commissioner’s discretion.
The commissioner may share documents, materials, or other information, including
confidential and privileged documents and materials subject to this subsection, with other
state, federal, and international regulatory agencies, with NAIC, its affiliates or subsidiaries,
and with state, federal, and international law enforcement authorities, provided that the
recipient agrees to maintain the confidentiality and privileged status of the document,
material, or other information.
c. If the investigative information in the possession of the commissioner or the
commissioner’s agents indicates a crime has been committed, the information shall be
reported to the proper law enforcement agency.
8. a. Pursuant to section 17A.19, subsection 6, upon an appeal by the adjuster, the
commissioner shall transmit the entire record of the contested case to the reviewing court.
§522C.13, LICENSING OF ADJUSTERS 14
b. Notwithstanding section 17A.19, subsection 6, if a waiver of privilege has been
involuntary and evidence has been received at a disciplinary hearing, the court shall issue
an order to withhold the identity of the individual whose privilege was waived.