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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The division may place on probation, suspend, revoke, or refuse to issue or renew an adjuster's license, and may levy a civil penalty as provided in section 522C.14, for one or more of the following causes:
a. The adjuster provided incorrect, misleading, incomplete, or materially untrue information in a license application.
b. The adjuster violated an insurance law, regulation, subpoena, or order of the commissioner or of a commissioner of another state.
c. The adjuster obtained or attempted to obtain a license through misrepresentation or fraud.
d. The adjuster improperly withheld, misappropriated, or converted money or property received in the course of doing business.
e. The adjuster was convicted of a felony.
f. The adjuster admitted to, or was found to have committed, any unfair trade practice or fraud.
g. The adjuster used fraudulent, coercive, or dishonest practices, or demonstrated incompetence, untrustworthiness, or financial irresponsibility, or was a source of injury or loss in the conduct of business in this state or elsewhere.
h. The adjuster had any professional license, or its equivalent, denied, suspended, or revoked in this state or any other state, province, district, or territory.
i. The adjuster forged another's name to any document related to the adjuster's work as an adjuster.
j. The adjuster improperly used notes or any other reference material to complete an examination for an adjuster license.
k. The adjuster knowingly negotiated as an adjuster with an individual or business entity who is not, but is required to be, licensed as an adjuster, appraiser, or umpire.
l. The adjuster failed to comply with an administrative or court order imposing a child support obligation.
m. The adjuster failed to comply with an administrative or court order related to repayment of loans to the college student aid commission.
n. The adjuster failed to pay state income tax or to comply with any administrative or court order directing payment of state income tax.
o. The adjuster failed or refused to cooperate in an investigation conducted by the commissioner or the commissioner's designee.
p. The adjuster intentionally misrepresented the terms of an actual or proposed contract for services.
2. If the commissioner does not renew an adjuster's license or denies an application for a license, the commissioner shall notify the adjuster or applicant and advise, in writing, of the reason for the nonrenewal of the license or denial of the application for a license. The adjuster or applicant may request a hearing on the nonrenewal or denial by filing a written request for a hearing within thirty calendar days from the date of notice of the nonrenewal or denial. A hearing shall be conducted according to section 522C.15.
3. The license of a business entity may be suspended, revoked, placed on probation, or refused if the commissioner finds, after hearing, that an individual adjuster's violation was known or should have been known by a licensed partner, officer, or manager of the business entity and the violation was not reported to the commissioner and corrective action was not taken.
4. The license of a nonresident adjuster shall be immediately inactive if the nonresident adjuster is placed on probation, suspended, revoked, refused, or denied licensure in any other state. The nonresident adjuster shall have seven calendar days to alert the commissioner that the nonresident adjuster has been placed on probation, suspended, revoked, refused, nonrenewed, or denied licensure in another state. Failure to meet the reporting deadline shall be a violation of this section.
5. In addition to, or in lieu of, denial, probation, suspension, or revocation of a license under this section, an adjuster, after hearing, may be subject to a civil penalty as provided in section 522C.14.
6. The commissioner may enforce this chapter, may conduct an investigation of any suspected violation of this chapter, and may impose any penalty or remedy authorized by this chapter against any person who is under investigation for, or charged with, a violation of this chapter even if the person's license has been surrendered or has lapsed by operation of law.
7. a. All complaint files, investigation files, investigation reports, and other investigative information in the possession of the commissioner or the commissioner's agents that relates to adjuster discipline shall be privileged and confidential, and shall not be subject to discovery, subpoena, or other means of legal compulsion for release to a person other than the adjuster, and shall not be admissible in evidence in a judicial or administrative proceeding other than a proceeding involving adjuster discipline. A final written decision of the commissioner in a disciplinary proceeding shall be a public record.
b. Investigative information in the possession of the commissioner or the commissioner's agents that relates to adjuster discipline may be disclosed, at the commissioner's discretion. The commissioner may share documents, materials, or other information, including confidential and privileged documents and materials subject to this subsection, with other state, federal, and international regulatory agencies, with NAIC, its affiliates or subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.
c. If the investigative information in the possession of the commissioner or the commissioner's agents indicates a crime has been committed, the information shall be reported to the proper law enforcement agency.
8. a. Pursuant to section 17A.19, subsection 6, upon an appeal by the adjuster, the commissioner shall transmit the entire record of the contested case to the reviewing court.
b. Notwithstanding section 17A.19, subsection 6, if a waiver of privilege has been involuntary and evidence has been received at a disciplinary hearing, the court shall issue an order to withhold the identity of the individual whose privilege was waived.
Cite this article: FindLaw.com - Iowa Code Title XIII. Commerce [Chs. 505-554D] § 522C.13. License denial, nonrenewal, suspension, or revocation - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xiii-commerce-chs-505-554d/ia-code-sect-522c-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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