N.J. Admin. Code § 11:1-37.4

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

Section 11:1-37.4 - Licensing applications and renewals

(a) A first time applicant for an individual public adjuster license shall submit the following:

1. A properly executed and dated application, including, when applicable, electronic online submissions, requesting issuance of a public adjuster license which shall contain the applicant's legal name; trade name, if any; home address; date of birth; business mailing address and location address; home and business telephone numbers; home and business e-mail addresses, if applicable; the applicant's State tax identification number; and responses to questions concerning the applicant's character and fitness for licensing. This information together with all requested attachments shall be certified as being accurate by the applicant;

2. Proof that the applicant has taken and passed the State licensing examination within the 12 months preceding the date of application. For applications requesting issuance of a license to an individual who is a nonresident, the licensing examination may be waived if the applicant provides proof that he or she is currently licensed in his or her home state in which the licensing provisions for public adjusters are substantially similar to the laws of this State;

3. Any documents or statements required to verify or explain responses to questions concerning the applicant's character, fitness or financial responsibility;

4. Properly completed criminal history requests and fingerprint forms in a format prescribed by the department, which shall include electronic fingerprinting; and

5. A bond conforming to the requirements of 11:1-37.9, unless the applicant is applying as a sublicensee.

i. If applying as a sublicensee, proof of coverage under the existing bond of the licensed public adjuster for whom the applicant is or shall be a sublicensee;

6. Two passport-size photographs; and

7. A check or money order made payable to State of New Jersey--General Treasury, or, if applicable, electronic payment for online applications, for the license fee and application processing fee in accordance with the fees set forth at 11:1-37.1 8.

(b) A first time applicant for a public adjuster license which is a corporation, firm, association or partnership, shall submit the following:

2. A resident New Jersey corporation, partnership, association or firm shall file with the Commissioner a copy of its Certificate of Incorporation or of the partnership or association documents, stamped "filed" by the Department of the Treasury, Division of Revenue, County Clerk or other applicable authority, confirming that the business name has been properly recorded;

3. A foreign corporation, partnership or association applying for a resident license to open an office in New Jersey shall file with the Commissioner a certificate filed by the Office of the New Jersey Department of the Treasury, Division of Revenue authorizing the applicant to transact business in New Jersey;

4. Properly completed criminal history requests and fingerprint forms in a format prescribed by the Department, which shall include electronic fingerprinting for all sublicensees; officers, directors and/or partners which are not sublicensees; and all owners of 10 percent or more of the business;

5. A bond in accordance with 11:1-37.9 in an amount sufficient to cover the applicant and all sublicensees; and

6. A check or money order made payable to Treasurer of New Jersey for all licensing, application and processing fees.

(c) The application and applicable fees in accordance with 11:1-37.1 8 shall be sent to:

Attention: Public Adjuster Licensing

License Processing Unit

New Jersey Department of Banking and Insurance

20 West State Street

PO Box 327

Trenton, NJ 08625-0327

(d) All licenses shall at all times be the property of the State of New Jersey and upon any suspension, revocation, nonrenewal, expiration or other termination shall no longer be in force and effect.

1. Upon any suspension, revocation or other termination of a license, the licensee or any other person having custody of the license shall immediately deliver it to the Commissioner by personal delivery or by registered or certified mail.

2. Where a license is lost, stolen or destroyed, the Commissioner may accept in lieu of the return of the license, an affidavit of the licensee or other person responsible for the license, setting forth the facts which prevent the return of the license.

3. Failure to pay any requested fee for any reason including, but not limited to, a check being dishonored, shall render a license null and void.

4. A license which was voluntarily cancelled by a licensee may be reinstated for the balance of the license term upon written request of the licensee and payment of the processing fee.

(e) Where a current licensee seeks to renew a license, the licensee shall, at least 15 days before the license expiration date, submit a properly completed renewal application including, when applicable, electronic online submissions together with payment of the license fee in accordance with 11:1-37.1 8. The renewal application shall be signed, dated and certified to be correct by the licensee or a licensed officer, partner or member of a licensed organization. The licensee shall certify that he, she or it continues to be qualified in accordance with the Act and this subchapter.

1. For licenses initially issued on or after July 4, 2011 and for all biennial licenses renewed on or after July 4, 2011, no individual public adjuster license shall be renewed unless the renewal applicant demonstrates that he or she has completed 15 credit hours of approved continuing education courses related to public adjusting during the previous license term. The courses must be obtained through an education provider approved by the Department to offer public adjuster continuing education in accordance with N.J.A.C. 11:17-3.

i. Pursuant to N.J.S.A. 17:22B-10c, the Commissioner may waive the requirements for continuing education on an individual basis for reasons of hardship such as illness or disability, retirement of the license, or other good cause.

2. For applications requesting renewal of a license of an individual who is nonresident, the continuing education requirements for New Jersey may be waived if the applicant provides proof that he or she is currently licensed in his or her home state and the continuing education provisions for public adjusters in that state are substantially similar to the laws of this State.

3. Public adjusters may only receive credit for the successful completion of any single approved continuing education course one time during the licensing term.

4. For a contact course, a credit hour shall provide no less than 50 minutes of instruction. Breaks, announcements and time not spent in instruction shall not be included in calculating credit hours requested. For self-study courses, credit hours include time for reading and study, which the Department has approved as reasonable to successfully pass the final examination. Time taking the examination is not counted towards approved credit hours. Each continuing education course submitted for approval shall be in whole credit hours and shall contain at least one credit hour of instruction or time spent for reading and study.

5. Self-study courses shall be considered for approval if the program of instruction culminates in a monitored examination of the subject presented. A monitored examination is not required for an interactive, online program that the Department determines has sufficient internal testing to validate the student's full comprehension of the material presented.

6. Failure to submit the renewal application for receipt by the Department by the date of expiration of the license shall be deemed to establish that the license expired on the date shown on the license and that the licensee was not thereafter authorized to engage in any activities for which the license is required.

7. If an applicant's license has lapsed for a period of less than one year, the applicant may apply for late renewal of the license within one year of the date the license expired if evidence of proof is provided of completion of continuing education credits when required by 11:1-34.4(f)1. If the Department accepts the late renewal, it shall be effective the date of receipt by the Department of the application for late renewal.

(f) Nothing in this section shall be construed to permit a person to engage in the business of public adjuster without a valid license.

N.J. Admin. Code § 11:1-37.4

Amended by R.2001 d.75, effective 3/5/2001.
See: 32 N.J.R. 4184(a), 33 N.J.R. 794(a).
Amended by R.2012 d.136, effective 7/16/2012.
See: 44 N.J.R. 32(a), 44 N.J.R. 1979(a).
In (a)1, inserted ", including, when applicable, electronic online submissions," and "home and business e-mail addresses, if applicable;"; rewrote (a)2 and (a)4; in (a)7, inserted ", or, if applicable, electronic payment for online applications,", substituted "and" for a comma following "license fee", and deleted "and fingerprint form processing fee" following "application processing fee"; in (b)1, inserted ", including, when applicable, electronic online submissions,"; in (b)2, substituted "Department of the Treasury, Division of Revenue" for "Office of the Secretary of State"; in (b)3, substituted "Department of the Treasury, Division of Revenue" for "Secretary of State"; rewrote (b)4; in the address in (c), substituted "0327" for "0325"; deleted former (d); recodified former (e) and (f) as (d) and (e); in (e), inserted "including, when applicable, electronic online submissions" and substituted "payment of" for "a check or money order for"; added new (e)1 through (e)5 and (e)7; recodified former (e)1 as (e)6; deleted former (e)2 and (e)3; and recodified (e)3i as (f).