reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-33-135 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33 - Licensing of Agents, Brokers, Limited Representatives, and Adjusters.|§ 58-33-135 - Continuing education advisory committee.

 58-33-135. Continuing education advisory committee.(a) The Commissioner shall appoint, in accordance with G.S. 58-2-30, one advisory committee for fire and casualty insurance licensees and one advisory committee for life and health insurance licensees. The advisory committees shall recommend reasonable rules to the Commissioner for promulgation under G.S. 58-33-130. The Commissioner may adopt, reject, or modify such recommendations. After the promulgation of rules under G.S. 58-33-130, the committees may from time to time make further recommendations to the Commissioner for additional rules or changes in existing rules.(b) The property and liability advisory committee shall comprise:(1) Two employees of the Department of Insurance;(2) Two representatives from a list of four nominees submitted by the Independent Insurance Agents of North Carolina;(3) Repealed by Session Laws 1999-132, s. 6.3.(4) One representative of a licensed property and liability insurance company writing business in this State that operates through an exclusive agency force;(5) One representative from a list of two nominees submitted by the North Carolina Adjusters Association;(6) One representative of property and liability insurers from a list of two nominees submitted by the Association of North Carolina Property and Casualty Insurance Companies; and(7) One representative from a list of two nominees submitted by the Community Colleges System Office.(c) The life and health advisory committee shall comprise:(1) Two employees of the Department of Insurance, which may be the same persons appointed under the subsection (b) of this section;(2) One representative from a list of two nominees submitted by the North Carolina Association of Life Underwriters;(3) One representative of life and health insurers from a list of two nominees submitted by the Association of North Carolina Life Insurance Companies;(4) One representative from a list of two nominees submitted by the General Agents and Managers Conference;(5) One representative from a licensed medical or hospital service corporation;(6) One licensed health insurance agent from a list of two nominees submitted by the North Carolina Association of Health Underwriters;(7) One representative of a licensed life or health insurer writing business in this State that operates through an exclusive agency force;(8) One representative from a list of two nominees submitted by the North Carolina Fraternal Congress; and(9) One representative from a list of two nominees submitted by the Community Colleges System Office. (1989, c. 657, s. 1; 1999-84, ss. 17, 18; 1999-132, s. 6.3.)
NC Gen Stat § 58-33A-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-1 - Purpose and scope.

 58-33A-1. Purpose and scope.This Article governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first-party claims.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-5 - Definitions.

 58-33A-5. Definitions.(1) Business entity. - A corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.(2) Catastrophic incident. - As defined in the National Response Framework, any natural or man-made incident, including terrorism, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic incident shall be declared by the President of the United States or the Governor of the state or district in which the disaster occurred. If state and local resources are insufficient, the Governor may ask the President of the United States to make such a declaration.(3) Fingerprints. - An impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format.(4) Home state. - The District of Columbia and any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the home state.(5) Individual. - A natural person.(6) Person. - An individual or a business entity.(7) Public adjuster. - Any person who, for compensation or any other thing of value on behalf of the insured, does any of the following:a. Acts or aids, solely in relation to first-party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract.b. Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first-party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property.c. Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy for the insured.(8) Uniform business entity application. - The current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities.(9) Uniform individual application. - The current version of the NAIC Uniform Individual Application for resident and nonresident individuals.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-10 - License required.

 58-33A-10. License required.(a) A person shall not act or hold himself or herself out as a public adjuster in this State unless the person is licensed as a public adjuster in accordance with this Article.(b) A person licensed as a public adjuster shall not misrepresent to a claimant that he or she is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster unless so appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the public adjuster.(c) A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the Commissioner shall find all of the following:(1) The business entity has paid the fees set forth in G.S. 58-33-125.(2) The business entity has designated a licensed public adjuster responsible for the business entity's compliance with the insurance laws and regulations of this State.(d) Notwithstanding subsections (a) through (c) of this section, a license as a public adjuster shall not be required of any of the following:(1) An attorney-at-law admitted to practice in this State, when acting in his or her professional capacity as an attorney.(2) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract.(3) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers, and handwriting experts.(4) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient.(5) A person who settles subrogation claims between insurers.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-15 - Application for license.

 58-33A-15. Application for license.(a) A person applying for a public adjuster license shall apply to the Commissioner on the appropriate uniform application or other application prescribed by the Commissioner.(b) The applicant shall declare under penalty of perjury and under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief.(c) An applicant for a license under this Article shall furnish the Commissioner with a complete set of the applicant's fingerprints in a manner prescribed by the Commissioner and a recent passport size full-face photograph of the applicant. The applicant's fingerprints shall be certified by an authorized law enforcement officer. The fingerprints of every applicant shall be forwarded to the State Bureau of Investigation for a search of the applicant's criminal history record file, if any. If warranted, the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. An applicant shall pay the cost of the State and any national criminal history record check of the applicant. This subsection does not apply to a person applying for renewal or continuation of a home state public adjuster license or a nonresident public adjuster license.(d) In addition, if an applicant described in subsection (b) of this section is a business entity, each key person must furnish the Commissioner a complete set of the key person's fingerprints and a recent passport size full-face photograph of the applicant. The key person's fingerprints shall be certified by an authorized law enforcement officer. The fingerprints of every key person shall be forwarded to the State Bureau of Investigation for a search of the applicant's criminal history record file, if any. If warranted, the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. Each key person shall pay the cost of the State and any national criminal history record check of the key person. As used in this subsection, "key person" means a proposed officer, director, or any other individual who will be in a position to influence the operating decisions of the business entity. This subsection does not apply to a person applying for renewal or continuation of a home state public adjuster license or a nonresident public adjuster license.(e) The Commissioner shall keep all information received pursuant to subsections (c) and (d) of this section privileged, in accordance with applicable State and federal law, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-20 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-20 - Resident license.

 58-33A-20. Resident license.(a) Before issuing a public adjuster license to an applicant under this section, the Commissioner shall find that the applicant meets all of the following criteria:(1) Is eligible to designate this State as his or her home state or is a nonresident who is not eligible for a license under G.S. 58-33A-35.(2) Has not committed any act that is a ground for denial, suspension, or revocation of a license as set forth in G.S. 58-33A-45.(3) Is trustworthy, reliable, and of good reputation, evidence of which may be determined by the Commissioner.(4) Is financially responsible to exercise the license and has provided proof of financial responsibility as required in G.S. 58-33A-50.(5) Has paid the fees set forth in G.S. 58-33-125.(6) Maintains an office in the home state of residence with public access by reasonable appointment and/or regular business hours. This includes a designated office within a home state of residence.(b) In addition to satisfying the requirements of subsection (a) of this section, an individual shall:(1) Be at least 18 years of age; and(2) Have successfully passed the public adjuster examination.(c) The Commissioner may require any documents reasonably necessary to verify the information contained in the application.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-25 - Examination.

 58-33A-25. Examination.(a) An individual applying for a public adjuster license under this act shall pass a written examination unless exempt pursuant to G.S. 58-33A-30. The examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insurance laws and regulations of this State. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the Commissioner.(b) The Commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in G.S. 58-33-125.(c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the Commissioner as set forth in G.S. 58-33-125.(d) An individual who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-30 - Exemptions from examination.

 58-33A-30. Exemptions from examination.(a) An individual who applies for a public adjuster license in this State who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to complete any prelicensing examination. This exemption is only available if the person is currently licensed in that state or if the application is received within 12 months of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer database records or records maintained by the NAIC, its affiliates, or subsidiaries indicate that the public adjuster is or was licensed in good standing.(b) A person licensed as a public adjuster in another state based on a public adjuster examination who moves to this State shall apply within 90 days after establishing legal residence to become a resident licensee pursuant to G.S. 58-33A-20. No prelicensing examination shall be required of that person to obtain a public adjuster license.(c) An individual who applies for a public adjuster license in this State who was previously licensed as a public adjuster in this State shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within 12 months after the cancellation of the applicant's previous license in this State and if, at the time of cancellation, the applicant was in good standing in this State.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-35 - Nonresident license reciprocity.

 58-33A-35. Nonresident license reciprocity.(a) Unless denied licensure pursuant to G.S. 58-33A-45, a nonresident person shall receive a nonresident public adjuster license if the person meets all of the following criteria:(1) The person is currently licensed as a resident public adjuster and in good standing in his or her home state.(2) The person has submitted the proper request for licensure, has paid the fees required by G.S. 58-33-125, and has provided proof of financial responsibility as required in G.S. 58-33A-50.(3) The person has submitted or transmitted to the Commissioner the appropriate completed application for licensure.(4) The person's home state awards nonresident public adjuster licenses to residents of this State on the same basis.(b) The Commissioner may verify the public adjuster's licensing status through the producer database maintained by the NAIC, its affiliates, or subsidiaries.(c) As a condition to continuation of a public adjuster license issued under this section, the licensee shall maintain a resident public adjuster license in his or her home state. The nonresident public adjuster license issued under this section shall terminate and be surrendered immediately to the Commissioner if the home state public adjuster license terminates for any reason, unless the public adjuster has been issued a license as a resident public adjuster in his or her new home state. Notification to the state or states where nonresident license is issued must be made as soon as possible, yet no later than 30 days after change in new state resident license. Licensee shall include new and old address. A new state resident license is required for nonresident licenses to remain valid. The new state resident license must have reciprocity with the licensing nonresident state(s) for the nonresident license not to terminate.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-50 - Bond or letter of credit.

 58-33A-50. Bond or letter of credit.(a) Before issuance of a license as a public adjuster and for the duration of the license, the applicant shall secure evidence of financial responsibility in a format prescribed by the Commissioner through any of the following instruments:(1) A bond executed and issued by an insurer authorized to issue bonds in this State which meets all of the following requirements:a. It shall be in the minimum amount of twenty thousand dollars ($20,000).b. It shall be in favor of this State and shall specifically authorize recovery by the Commissioner on behalf of any person in this State who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in his or her capacity as a public adjuster.c. It shall not be terminated unless at least 30 days' prior written notice will have been filed with the Commissioner and given to the licensee.(2) An irrevocable letter of credit issued by a qualified financial institution, which meets all of the following requirements:a. It shall be in the minimum amount of twenty thousand dollars ($20,000).b. It shall be to an account to the Commissioner and subject to lawful levy of execution on behalf of any person to whom the public adjuster has been found to be legally liable as the result of erroneous acts, failure to act, fraudulent acts, or unfair practices in his or her capacity as a public adjuster.c. It shall not be terminated unless at least 30 days' prior written notice will have been filed with the Commissioner and given to the licensee.(b) The issuer of the evidence of financial responsibility shall notify the Commissioner upon termination of the bond or letter of credit, unless otherwise directed by the Commissioner.(c) The Commissioner may ask for the evidence of financial responsibility at any time he or she deems relevant.(d) The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes impaired.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-55 - Continuing education.

 58-33A-55. Continuing education.(a) An individual who holds a public adjuster license and who is not exempt under subsection (b) of this section shall satisfactorily complete a minimum of 24 hours of continuing education courses, including ethics, reported on a biennial basis in conjunction with the license renewal cycle.(b) This section shall not apply to any of the following:(1) Licensees not licensed for one full year before the end of the applicable continuing education biennium.(2) Licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this State on the same basis.(c) Only continuing education courses approved by the Commissioner shall be used to satisfy the continuing education requirement of subsection (a) of this section.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-60 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-60 - Public adjuster fees.

 58-33A-60. Public adjuster fees.(a) A public adjuster shall not pay a commission, service fee, or other valuable consideration to a person for investigating or settling claims in this State if that person is required to be licensed under this Article and is not so licensed.(b) A person shall not accept a commission, service fee, or other valuable consideration for investigating or settling claims in this State if that person is required to be licensed under this Article and is not so licensed.(c) A public adjuster may pay or assign commission, service fees, or other valuable consideration to persons who do not investigate or settle claims in this State, unless the payment would violate G.S. 58-33-85 or G.S. 58-63-15(8).(d) In the event of a catastrophic incident, there shall be limits on catastrophic fees. No public adjuster shall charge, agree to, or accept as compensation or reimbursement any payment, commission, fee, or other thing of value equal to more than ten percent (10%) of any insurance settlement or proceeds. No public adjuster shall require, demand, or accept any fee, retainer, compensation, deposit, or other thing of value before settlement of a claim.  (2009-565, s. 1.)
NC Gen Stat § 58-33A-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 33A - Public Adjusters.|§ 58-33A-70 - Escrow or trust accounts.

 58-33A-70. Escrow or trust accounts.A public adjuster who receives, accepts, or holds any funds on behalf of an insured, toward the settlement of a claim for loss or damage, shall deposit the funds in a noninterest-bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the public adjuster's home state or where the loss occurred.  (2009-565, s. 1.)