Section 0780-01-91-.06 - EXAMINATION REQUIREMENTS(1) All individuals applying for a public adjuster license, unless otherwise exempted by law, are required to pass a written examination in order to test the applicant's knowledge as to the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state.(2) Each examination for a license shall be approved for use by the commissioner. Examinations for licensing shall be at such reasonable times and places accessible to the applicants as are designated by the commissioner.(3) An individual taking an examination pursuant to this Rule shall pay a non-refundable fee of fifty dollars ($50.00) in order to take such examination. An individual who takes an examination more than once shall pay the examination fee for each subsequent taking of the examination, regardless of the reason for the subsequent examinations.(4) The minimum score that will be considered as a passing score for any examination given hereunder is seventy percent (70%). Any score on an exam below seventy percent (70%) shall be considered a failing score. (a) An individual who has failed to pass an examination for a license applied for may take another examination following the expiration of thirty (30) days from the date of the applicant's last unsuccessful examination upon submission of the examination fee.(b) An individual who has received a failing score on three (3) successive attempts of taking an examination for a license applied for will not be permitted to take a subsequent examination until the expiration of one (1) year from the date of the taking of the individual's last unsuccessful examination. After the one (1) year period, the individual may retake the examination. The individual shall also be required to file a new application accompanied by the appropriate filing and examination fees.(5) The commissioner may enter into a contract with a testing organization for the examination of applicants for license as a public adjuster. Notwithstanding any other provisions of this Chapter, such contract may provide that the testing organization shall:(a) Assume responsibility for the administration and grading of the examination; and(b) Charge and collect from each applicant the fee as established in Rule 0780-1-91-.06(3).(6) No individual taking an examination for a public adjuster license shall possess or examine the examination questions and/or answers prior to the time of examination, nor shall any such individual use improper notes or other reference materials during the examination. Furthermore, no person shall have such questions or answers reproduced and/or disseminated for the purposes of assisting an applicant in passing an examination.(7) All individuals desiring to take a test under this Rule shall submit to the commissioner: (a) Two (2) full sets of fingerprints;(b) A certified check in the amount of forty-eight dollars ($48.00) made payable to the Tennessee Bureau of Investigation representing the cost of having criminal history record checks performed;(c) A reasonable administrative fee representing the cost of the collection and transmission of fingerprint data made payable to the contractor.Tenn. Comp. R. & Regs. 0780-01-91-.06
Original rule filed March 26, 2007; effective June 9, 2007.Authority: T.C.A. §§ 56-6-904, 56-6-905, 56-6-906, and 56-6-920.