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Iowa Code Title XIII. Commerce [Chs. 505-554D] § 522C.15. Reinstatement or reissuance of license after disciplinary matters--forfeiture in lieu of compliance

Current as of January 01, 2024 | Updated by Findlaw Staff

1. a. A person licensed as an adjuster under this chapter whose license has been revoked or suspended by order, or who forfeited a license in connection with a disciplinary matter, may apply to the commissioner for reinstatement or reissuance in accordance with the terms of the order of revocation or suspension, or the order accepting the forfeiture, and submit to a criminal history check under section 522B.5A.

b. Proceedings for reinstatement or reissuance shall be initiated by the applicant who shall file with the commissioner an application for reinstatement or reissuance after disciplinary action.  An applicant shall not be eligible for reinstatement or reissuance until the applicant satisfies the requirements under section 522C.5, 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as applicable, and the examination requirements under section 522C.8.  An applicant may also be required to submit a new or renewal adjuster application under section 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as applicable.

c. An application for reinstatement or reissuance shall allege facts which, if established, are sufficient to enable the commissioner to determine that the basis of revocation, suspension, or forfeiture of the applicant's license no longer exists, and must disclose if the applicant has engaged in any conduct listed as a cause for licensing action that was not included in the order for suspension, revocation, or forfeiture.

d. An application for reinstatement or reissuance shall allege facts which, if established, are sufficient to enable the commissioner to determine that it is in the public interest for the application to be granted.  The commissioner may determine that it is not in the public interest if the applicant has engaged in any conduct listed as a cause for licensing action that was not included in the order for suspension, revocation, or forfeiture, or if the applicant does not have the character and fitness to be a licensed adjuster in this state.

e. The burden of proof to establish facts identified in paragraphs “c” and “d” shall be on the applicant.

f. An adjuster may request reinstatement of a suspended license prior to the end of the suspension term.

g. Unless otherwise provided by law, if an order of revocation or suspension did not establish terms on which reinstatement or reissuance may occur, or if the license was forfeited, an initial application for reinstatement or reissuance shall not be made until at least one year from the date of the order of the suspension, revocation, or acceptance of the forfeiture of a license.

2. All proceedings on an application for reinstatement or reissuance, including preliminary and ancillary matters, shall be held in accordance with chapter 17A.  The application shall be docketed in the original case in which the original license was suspended, revoked, or forfeited, if the case exists.

3. An order of reinstatement or reissuance shall be based on a written decision which incorporates findings of fact and conclusions of law.  An order granting an application for reinstatement or reissuance may impose such terms and conditions as the commissioner or the commissioner's designee deems appropriate, and may include one or more penalties provided under section 522C.14.  The order shall be a public record and may be disseminated in compliance with chapter 22.

4. If an adjuster's ordered suspension period ends prior to the adjuster's license expiration date and the adjuster applies for reinstatement prior to the license expiration date and meets all applicable requirements, the division shall reinstate the license as soon as practicable but no earlier than the end of the suspension period if the division, after a complete review, determines the license should be reinstated.

5. If an adjuster's license is suspended beyond the adjuster's license expiration date, whether due to an ordered suspension time period or failure to apply for reinstatement prior to expiration, the adjuster must apply for reissuance.

6. A submission of voluntary forfeiture of a license shall be made in writing to the commissioner.  Forfeiture of a license is effective on the date of submission unless a contested case proceeding is pending on the date of submission.  If a contested case proceeding is pending, the forfeiture shall become effective upon conditions as ordered by the commissioner.  A forfeiture made during the pendency of a contested case proceeding shall be considered a disciplinary action and shall be published in the same manner as is applicable to any other form of disciplinary order.

7. The commissioner shall not be prohibited from denying an application for reinstatement or reissuance, or from bringing an additional immediate action, if an adjuster has engaged in an additional violation of chapter 507B or this chapter, or otherwise failed to meet all applicable requirements.

8. This section shall not apply to reinstatement of an expired license or issuance of a new license that is not in connection with a disciplinary matter.

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Cite this article: FindLaw.com - Iowa Code Title XIII. Commerce [Chs. 505-554D] § 522C.15. Reinstatement or reissuance of license after disciplinary matters--forfeiture in lieu of compliance - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xiii-commerce-chs-505-554d/ia-code-sect-522c-15/

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