in lieu of compliance.
1.
a.A person licensed as an adjuster under this chapter whose license has been revoked
or suspended by order, or who forfeited a license in connection with a disciplinary matter,
may apply to the commissioner for reinstatement or reissuance in accordance with the terms
of the order of revocation or suspension, or the order accepting the forfeiture, and submit to
a criminal history check under section 522B.5A.
b.Proceedingsforreinstatementorreissuanceshallbeinitiatedbytheapplicantwhoshall
file with the commissioner an application for reinstatement or reissuance after disciplinary
action. An applicant shall not be eligible for reinstatement or reissuance until the applicant
satisfies the requirements under section 522C.5, 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as
ap
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in lieu of compliance.
1. a. A person licensed as an adjuster under this chapter whose license has been revoked
or suspended by order, or who forfeited a license in connection with a disciplinary matter,
may apply to the commissioner for reinstatement or reissuance in accordance with the terms
of the order of revocation or suspension, or the order accepting the forfeiture, and submit to
a criminal history check under section 522B.5A.
b. Proceedingsforreinstatementorreissuanceshallbeinitiatedbytheapplicantwhoshall
file with the commissioner an application for reinstatement or reissuance after disciplinary
action. An applicant shall not be eligible for reinstatement or reissuance until the applicant
satisfies the requirements under section 522C.5, 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as
applicable, and the examination requirements under section 522C.8. An applicant may also
be required to submit a new or renewal adjuster application under section 522C.5A, 522C.5B,
522C.5C, or 522C.5D, as applicable.
c. An application for reinstatement or reissuance shall allege facts which, if established,
are sufficient to enable the commissioner to determine that the basis of revocation,
suspension, or forfeiture of the applicant’s license no longer exists, and must disclose if the
applicant has engaged in any conduct listed as a cause for licensing action that was not
included in the order for suspension, revocation, or forfeiture.
d. An application for reinstatement or reissuance shall allege facts which, if established,
are sufficient to enable the commissioner to determine that it is in the public interest for the
applicationtobegranted. Thecommissionermaydeterminethatitisnotinthepublicinterest
if the applicant has engaged in any conduct listed as a cause for licensing action that was not
included in the order for suspension, revocation, or forfeiture, or if the applicant does not
have the character and fitness to be a licensed adjuster in this state.
e. The burden of proof to establish facts identified in paragraphs “c” and “d” shall be on
the applicant.
f. An adjuster may request reinstatement of a suspended license prior to the end of the
suspension term.
g. Unless otherwise provided by law, if an order of revocation or suspension did not
establish terms on which reinstatement or reissuance may occur, or if the license was
forfeited, an initial application for reinstatement or reissuance shall not be made until at
least one year from the date of the order of the suspension, revocation, or acceptance of the
forfeiture of a license.
2. All proceedings on an application for reinstatement or reissuance, including
preliminary and ancillary matters, shall be held in accordance with chapter 17A. The
applicationshallbedocketedintheoriginalcaseinwhichtheoriginallicensewassuspended,
revoked, or forfeited, if the case exists.
3. An order of reinstatement or reissuance shall be based on a written decision which
incorporates findings of fact and conclusions of law. An order granting an application for
reinstatement or reissuance may impose such terms and conditions as the commissioner
or the commissioner’s designee deems appropriate, and may include one or more penalties
§522C.15, LICENSING OF ADJUSTERS 16
provided under section 522C.14. The order shall be a public record and may be disseminated
in compliance with chapter 22.
4. Ifanadjuster’sorderedsuspensionperiodendspriortotheadjuster’slicenseexpiration
date and the adjuster applies for reinstatement prior to the license expiration date and meets
all applicable requirements, the division shall reinstate the license as soon as practicable
but no earlier than the end of the suspension period if the division, after a complete review,
determines the license should be reinstated.
5. If an adjuster’s license is suspended beyond the adjuster’s license expiration date,
whether due to an ordered suspension time period or failure to apply for reinstatement prior
to expiration, the adjuster must apply for reissuance.
6. A submission of voluntary forfeiture of a license shall be made in writing to the
commissioner. Forfeiture of a license is effective on the date of submission unless a
contested case proceeding is pending on the date of submission. If a contested case
proceeding is pending, the forfeiture shall become effective upon conditions as ordered by
the commissioner. A forfeiture made during the pendency of a contested case proceeding
shall be considered a disciplinary action and shall be published in the same manner as is
applicable to any other form of disciplinary order.
7. The commissioner shall not be prohibited from denying an application for
reinstatement or reissuance, or from bringing an additional immediate action, if an adjuster
has engaged in an additional violation of chapter 507B or this chapter, or otherwise failed
to meet all applicable requirements.
8. This section shall not apply to reinstatement of an expired license or issuance of a new
license that is not in connection with a disciplinary matter.