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31.03.18.00.htm 31.03.18.00. Title 31 MARYLAND INSURANCE ADMINISTRATION Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS Chapter 18 Public Adjusters Authority: Insurance Article, §2-109, 2-209 and 10-408, Annotated Code of Maryland
31.03.18.01.htm 31.03.18.01. 01 Scope.. This chapter does not apply to:. A. An adjuster for or an insurance producer or employee of an insurer or group of insurers under common control or ownership that, as representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group;B. An insurance producer that acts as an adjuster without compensation for an insured for whom the insurance producer is acting as an insurance producer; orC. An attorney at law who does not:.
31.03.18.02.htm 31.03.18.02. 02 Definitions.. A. In this chapter the following words have the meanings indicated.. B. Terms Defined.. 1) “Business entity” has the meaning stated in Insurance Article, §10–101(c) Annotated Code of Maryland.2) “Course” means a presentation of information delivered in person, in print, electronically, or via teleconference, which is measured by verifiable attendance or examination, or both.3) “Course completion date” means the date when a student has submitted all
31.03.18.03.htm 31.03.18.03. 03 General Continuing Education Requirements.. A. Except as provided in §B and C of this regulation, in order to renew a license, a licensed public adjuster who is not a business entity shall successfully complete in each renewal period at least 24 hours of continuing education as follows:1) At least 3 hours in Ethics; and. 2) 21 hours shall be in courses designated by the Commissioner as “Public Adjuster” or “Property/Casualty”B. If the licensed public adjuster is also a licen
31.03.18.04.htm 31.03.18.04. 04 Holders of Expired Licenses Who Seek Reinstatement.. A. The holder of an expired license who seeks reinstatement of the license under Insurance Article, 10-408.1, Annotated Code of Maryland, shall fulfill the continuing education requirements for the renewal period that concluded on the day before the immediately preceding expiration date of the licensed public adjuster’s license in order to qualify for reinstatement.B. A licensed public adjuster who does not have su
31.03.18.05.htm 31.03.18.05. 05 Nonresident Licensed Public Adjusters.. A. A nonresident licensed public adjuster whose state or residence has a continuing education requirement shall fulfill all of the requirements of the state of residence, and the continuing education requirements of Maryland may not be applicable to the licensed public adjuster.B. A nonresident licensed public adjuster whose state of residence does not have a continuing education requirement shall fulfill Maryland continuing
31.03.18.06.htm 31.03.18.06. 06 Licensed Public Adjuster Responsibilities.. A. A licensed public adjuster shall:. 1) Maintain a record of the certificate of course completion received for 4 years following the date that the course was completed; and2) Upon request, submit with the renewal application each certification of course completion needed to fulfill the licensed public adjuster’s hours of continuing education for the renewal period.B. Under Insurance Article, §10-410, Annotated Cod
31.03.18.07.htm 31.03.18.07. 07 Approval of Courses.. A. A continuing education course shall be submitted to the Commissioner for approval. The Commissioner may approve a course only if the course imparts substantive and procedural knowledge relating to the insurance field.B. The Commissioner may not approve a course covering any of the following subject areas:. 1) A course in office or business skills, including typing, speed reading, or the use of computers, calculators, or other machines or equipment;
31.03.18.08.htm 31.03.18.08. 08 Submission of Courses for Approval.. A. A provider shall submit to the Commissioner:. 1) A fully completed course approval package consisting of the following forms provided by the Commissioner:a) Request for approval of continuing education course;. b) Course coordinator information;. c) Course instructor information and approval form;. d) Certificate of course completion; and. e) Checklist of items that must accompany the course approval package;.
31.03.18.09.htm 31.03.18.09. 09 Submission of Courses for Renewal.. A. At least 90 days prior to the expiration of a course’s approval, the Commissioner shall mail to the provider of the approved course a notice that states:1) The course name, the course content code, the course number, and the date on which the course approval expires;2) The date by which the Commissioner must receive the request to renew; and. 3) The fee charged for reviewing continuing education courses submitted for renewal..
31.03.18.10.htm 31.03.18.10. 10 Providers.. A. A provider shall:. 1) Comply with this chapter for each of the provider’s approved courses;. 2) Use in all communication with the Commissioner or the Commissioner’s designee the provider identification number assigned by the Commissioner;3) Use a course coordinator who meets the qualifications specified in Regulation .11 of this chapter;4) Use an approved instructor; and. 5) Notify the Commissioner of the replacement of a course coordinator..
31.03.18.11.htm 31.03.18.11. 11 Course Coordinators.. A. The provider shall ensure that each approved continuing education course has at least one course coordinator who is responsible for:1) Supervising the administration of the course; and. 2) Compliance with this chapter.. B. A course coordinator shall possess one or more of the following qualifications:. 1) A minimum of 5 years experience as an actively licensed public adjuster;.
31.03.18.12.htm 31.03.18.12. 12 Instructors.. A. The provider shall ensure that each continuing education course approved by the Commissioner is taught by an instructor who has been approved by the Commissioner as meeting the qualifications specified in this chapter.B. The provider shall submit to the Commissioner a course instructor information and approval form for each instructor of an approved course.C. An instructor shall possess one or more of the following qualifications:.
31.03.18.13.htm 31.03.18.13. 13 Advertising of Approved Courses.. A. Except as provided in §D of this regulation, a provider may not advertise or distribute promotional materials unless the course has been approved by the Commissioner.B. Advertisements and promotional materials may not be deceptive or misleading and shall, at a minimum, clearly identify the number of hours of continuing education for which a course has been approved and the fee for taking the course.C. A provider of an appro
31.03.18.14.htm 31.03.18.14. 14 Prohibited Practices.. The following practices by a provider, course coordinator, or instructor are prohibited:. A. Offering or teaching a course that is not approved or that is not in substantial conformity with the course completion package submitted to and approved by the Commissioner;B. Promoting a particular public adjuster, insurance agency or insurance company or products of the agency or company; andC. Requiring, as a condition of receiving a certif
31.03.18.15.htm 31.03.18.15. 15 Powers of the Commissioner.. A. The Commissioner, or the Commissioner’s designee, may audit all course offerings with or without notice to the provider, course coordinator, or instructor of the course.B. The Commissioner may suspend or revoke the approval of a course for any of the following violations of this chapter:1) Failure of the instructor to follow the approved course content;. 2) Failure to use a course coordinator meeting the qualifications specified in this chapter;.
31.03.18.16.htm 31.03.18.16. 16 Waiver of the Continuing Education Requirement.. A. Subject to §B of this regulation, the continuing education requirements may be waived for a licensed insurance producer who:1) Submits a written request for a waiver; and. 2) Is determined by the Commissioner, in the Commissioner’s discretion, to warrant a waiver.. B. A waiver request shall be accompanied by supporting documentation..
31.03.18.9999.htm 31.03.18.9999. Administrative History Effective date: April 1, 2017 (44:6 Md. R. 328). Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 728). Regulation .03D―F adopted effective July 30, 2018 (45:15 Md. R. 728). New Regulations .04―16 adopted effective July 30, 2018 (45:15 Md. R. 728).
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