W. Va. Code R. § 114-25-6

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 114-25-6 - Qualifications

6.1. No individual may hold a license as a resident adjuster unless he or she:

6.1.a. Is eighteen years of age or older;

6.1.b. Is a resident of West Virginia or eligible to designate West Virginia as his or her home state;

6.1.c. Satisfies the Commissioner that he or she is trustworthy and competent;

6.1.d. Has a business or mailing address in this state for acceptance of service of process or, if residing outside of this state, acknowledges that by adjusting claims in this state he or she is subject to the state's long-arm statute and automatically appoints the West Virginia Secretary of State as his or her agent for service of process;

6.1.e. Has not committed any act that is a ground for probation, suspension, revocation, or refusal of an adjuster's license as set forth in W.Va. Code § 33-12B-11;

6.1.f. Has successfully passed the written examination for the line or lines of authority for which the person has applied; and

6.1.g. Has paid the applicable fees.

6.2. Examination

6.2.a. A resident individual applying for an adjuster license shall pass a written examination unless exempt. The examination shall test the knowledge of the individual concerning the line or lines of authority for which the application is being made, the duties and responsibilities of an insurance adjuster, and the insurance laws of rules of West Virginia. In lieu of such examination, an individual applying for an adjuster license with a crop line of authority may instead submit certification that the individual has passed a proficiency examination approved by the United States Department of Agriculture and Risk Management Agency.

6.2.b. Each applicant shall pay a nonrefundable examination fee of $25.

6.2.c. The Commissioner may, at his or her discretion, designate an independent testing service to prepare and administer such examinations subject to the direction and approval by the Commissioner, and examination fees charges by such services shall be paid by the applicant or examinee.

6.2.d. An individual who fails to appear to an examination, as scheduled, or who fails to pass the examination, may reapply for an examination provided that all required fees are paid and all required forms are completed before being rescheduled for another examination.

6.2.e. An individual who initially fails to pass an examination as required by this rule is limited to seven additional attempts to pass the examination. An individual who fails the examination eight times is forever barred from retaking the examination.

6.2.f. The following individuals are exempt from the written examination requirements:

6.2.f.1. An individual who applies for an adjuster license in this state who was previously licensed for the same line or lines of authority in another jurisdiction if:

6.2.f.1.a. The individual is currently licensed in that jurisdiction; or

6.2.f.1.b. The individual applies within 90 days of the cancellation of his or her previous license; and

6.2.f.1.b.1. The prior jurisdiction issues a certification that, at the time of cancellation, the applicant was in good standing; and

6.2.f.1.b.2. The certification must be of a license with the same line or lines of authority for which the individual has applied.

6.2.f.2. An individual licensed and in good standing as an adjuster in another jurisdiction who moves to this state and makes an application within 90 days of establishing legal residency in this state for an adjuster license with the same line or lines of authority.

6.2.g. Examinations required pursuant to this rule that test an applicant's knowledge concerning a line or lines of authority are applicable for individual adjusters first licensed on or after July 1, 2021, or for individual adjuster who add a lines of authority to an existing adjuster license on or after July 1, 2021.

6.3. The Commissioner is authorized to require fingerprints for a criminal history record check of applicants to determine adjuster licensing eligibility. This process will be established in accordance with W.Va. Code § 33-12B-6 and the standards as set forth for producer and adjuster in 114CSR2A.

6.4. A business entity applying for a resident independent or public adjuster license shall make application to the Commissioner and shall declare under penalty of suspension, revocation, or refusal of the license that the statement made in the application are true, correct, and complete to the best of the business entity's knowledge and belief.

6.4.a. Before approving a business entity's application for licensure, the Commissioner shall find:

6.4.a.1. The business entity is eligible to designate West Virginia as its home state;

6.4.a.2. Has a business or mailing address in West Virginia for acceptance of service of process;

6.4.a.3. Has designated a licensed adjuster responsible for the business entity's compliance with insurance laws and rules of this state; and

6.4.a.4. Has not committed an act that is grounds for probation, suspension, revocation, or refusal of an adjuster license as set forth in W.Va. Code § 33-12B-11 or section 20 of this rule.

W. Va. Code R. § 114-25-6