N.J. Admin. Code § 11:1-37.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 11:1-37.14 - Violations and penalties

(a) The Commissioner may deny, suspend, revoke, or refuse to renew a public adjuster's license based on any violation of the Act or this subchapter, or for the commission or omission of any act by a public adjuster which demonstrates that the applicant or licensee is not competent or trustworthy to act as a public adjuster, or where the person has:

1. Violated any provision of this State's insurance laws, including any rules promulgated thereunder;

2. Violated any law in the course of acting as a public adjuster;

3. Committed a fraudulent or dishonest act;

4. Demonstrated the applicant's or licensee's lack of integrity, incompetency, bad faith, dishonesty, financial irresponsibility, or untrustworthiness to act as a public adjuster;

5. Aided, abetted or assisted another person in violating any insurance law of this or any other State;

6. Withheld material information or made a material misstatement in the application for the license;

7. Failed to pay any fine or restitution imposed by an order of the Commissioner;

8. Collected from any client any fee other than that agreed to in the employment contract in a form required by 11:1-37.1 3;

9. Misappropriated, converted or illegally withheld, money which was received in the conduct of business that belonged to insurers, clients or others;

10. Failed to notify the Commissioner within 30 days of a conviction for any crime, indictment or the filing of any formal criminal charges, or the suspension or revocation of any insurance license or authority by a state, other than this State, or failed to supply any documentation that the Commissioner may request in connection therewith;

11. Failed to appear in response to any subpoena issued by the Commissioner or his authorized designee; failed to produce any documents or other material requested in a subpoena; or refused or failed to cooperate with an investigation by the Commissioner of the activities of the person or any other licensee;

12. Induced the cancellation of a duly executed written memorandum between an insured and a public adjuster;

13. Made any misrepresentation of facts or advised any person on questions of law in conjunction with the business as a public adjuster;

14. Had any professional license suspended or revoked in this or any other state;

15. Solicited the adjustment of a loss or damage occurring in this State from an insured, whether by personal interview, by telephone, or by any other method, between the hours of 6:00 P.M. and 8:00 A.M. during the 24 hours after the loss has occurred;

16. Engaged in the business of a public adjuster in New Jersey with an invalid or expired license; or

17. Committed any other act, or omission which the Commissioner determines to be inappropriate conduct by a licensee of this State.

(b) Any person which violates any provision of this subchapter shall, in addition to any other penalties provided by law, be liable for a civil penalty of not more than $ 2,500 for a first offense and not more than $ 5,000 for the second and each subsequent offense. Each transaction or statutory violation shall constitute a separate offense.

(c) The procedures for the imposition of administrative penalties shall be governed by 11:17D-2.1.

N.J. Admin. Code § 11:1-37.14

Amended by R.2012 d.136, effective 7/16/2012.
See: 44 N.J.R. 32(a), 44 N.J.R. 1979(a).
In the introductory paragraph of (a), inserted a comma following "revoke"; in (a)4, inserted "applicant's or" and a comma following "irresponsibility"; added (a)15; recodified former (a)15 and (a)16 as (a)16 and (a)17.