reglab/housing_qa huggingface dataset:
ID Code § 41-5606 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 56 - PROMPT PAYMENT OF CLAIMS|Section 41-5606 - PENALTIES.

41-5606. PENALTIES. (1) The director shall enforce the provisions of this chapter and shall review and, if appropriate, investigate complaints received by the department related to noncompliance with the provisions of this chapter. (2) If the director determines an insurer has violated the provisions of this chapter, the director may impose an administrative fine not to exceed five thousand dollars ($5,000) based upon an enforcement action. (3) The director shall not suspend or revoke an insurer’s certificate of authority for violation of this chapter. (4) No administrative penalty shall be imposed against an insurer under this chapter or any other provision of law for failure to comply with this chapter if, in the calendar year it has paid ninety-five percent (95%) or more of all claims subject to this chapter to or on behalf of beneficiaries within the time periods set forth in section 41-5602, Idaho Code. (5) This section shall not create a private cause of action by or on behalf of a beneficiary or practitioner or facility against an insurer.  History: [41-5606, added 2004, ch. 290, sec. 1, p. 815.]
ID Code § 41-5701 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 57 - INTERSTATE INSURANCE PRODUCT REGULATION COMPACT|Section 41-5701 - PREAMBLE.

41-5701. PREAMBLE. Pursuant to terms and conditions of this chapter, the state of Idaho seeks to join with other states and establish the interstate insurance product regulation compact, and thus become a member of the interstate insurance product regulation commission. The director of the department of insurance is hereby designated to serve as the representative of this state to the interstate insurance product regulation commission.  History: [41-5701, added 2005, ch. 79, sec. 1, p. 275.]
ID Code § 41-5801 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5801 - PURPOSE AND SCOPE.

41-5801. PURPOSE AND SCOPE. This chapter 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.  History: [41-5801, added 2008, ch. 179, sec. 1, p. 532.]
ID Code § 41-5802 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5802 - DEFINITIONS.

41-5802. DEFINITIONS. As used in this chapter: (1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. (2) "Fingerprints" means 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. (3) "Home state" means the District of Columbia or 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. (4) "Individual" means a natural person. (5) "Person" means an individual or a business entity. (6) "Public adjuster" means any person who, for compensation or any other thing of value on behalf of the insured: (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; or (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.  History: [41-5802, added 2008, ch. 179, sec. 1, p. 532.]
ID Code § 41-5803 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5803 - LICENSE REQUIRED.

41-5803. LICENSE REQUIRED. (1) A person shall not act or hold himself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter. (2) 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.  History: [41-5803, added 2008, ch. 179, sec. 1, p. 533.]
ID Code § 41-5804 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5804 - EXCEPTIONS TO LICENSING.

41-5804. EXCEPTIONS TO LICENSING. Notwithstanding section 41-5803, Idaho Code, a license as a public adjuster shall not be required of the following: (1) An attorney admitted to practice in this state, when acting in his or her professional capacity as an attorney; (2) A producer licensed in Idaho who acts only on behalf of his or her own insured and does not hold himself or herself out to the public as a public adjuster; (3) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract; (4) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster including, but not limited to, photographers, estimators, private investigators, engineers and handwriting experts; (5) 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; or (6) A person who settles subrogation claims between insurers.  History: [41-5804, added 2008, ch. 179, sec. 1, p. 533.]
ID Code § 41-5805 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5805 - APPLICATION FOR LICENSE.

41-5805. APPLICATION FOR LICENSE. [EFFECTIVE UPON A STATE’S PARTICIPATION IN NAIC’S CENTRAL REPOSITORY FOR CRIMINAL BACKGROUND INFORMATION] (1) A person applying for a public adjuster license shall make application to the department on an application form prescribed by the department. (2) 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. (3) In order to make a determination of license eligibility, the department is authorized to require fingerprints of applicants and submit the fingerprints and the fee required to perform the criminal history record checks to the Idaho state police and the federal bureau of investigation (FBI) for state and national criminal history record checks; the department shall require a criminal history record check on each applicant in accordance with this chapter. The department shall require each applicant to submit a full set of fingerprints in order for the department to obtain and receive national criminal history records from the FBI criminal justice information services division. (a) The department may contract for the collection, transmission and resubmission of fingerprints required under this section. If the department does so, the fee for collecting, transmitting and retaining fingerprints shall be payable directly to the contractor by the person. The department may agree to a reasonable fingerprinting fee to be charged by the contractor. (b) The department is authorized to receive criminal history record information in lieu of the Idaho state police that submitted the fingerprints to the FBI.  History: [41-5805, added 2008, ch. 179, sec. 1, p. 533.]
ID Code § 41-5806 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5806 - LICENSE QUALIFICATIONS.

41-5806. LICENSE QUALIFICATIONS. (1) Before issuing a public adjuster license to an applicant under this section, the department shall find that the applicant: (a) Is at least eighteen (18) years of age; (b) Is eligible to designate this state as his or her home state or is a nonresident who is eligible for a license under section 41-5809, Idaho Code; (c) Has successfully passed the public adjuster examination; (d) Has not committed any act that is a ground for denial, suspension or revocation of a license as set forth in section 41-5811, Idaho Code; (e) Is trustworthy, reliable, and of good reputation, evidence of which may be determined by the department; (f) Is financially responsible to exercise the license and has provided proof of financial responsibility as required in section 41-5812, Idaho Code; (g) Has paid the fees set forth by rule adopted pursuant to section 41-401, Idaho Code; and (h) 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. (2) In addition to satisfying the requirements of subsection (1), when applicable, a business entity shall: (a) Designate a licensed individual public adjuster responsible for the business entity’s compliance with the insurance laws and rules of this state; (b) Designate only licensed individual public adjusters to exercise the business entity’s license; and (c) The department may require any documents reasonably necessary to verify the information contained in the application.  History: [41-5806, added 2008, ch. 179, sec. 1, p. 534.]
ID Code § 41-5807 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5807 - EXAMINATION.

41-5807. EXAMINATION. (1) An individual applying for a public adjuster license under this chapter shall pass a written examination unless exempt pursuant to section 41-5808, Idaho Code. The examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insurance laws and rules of this state. Examinations required by this section shall be developed and conducted under rules prescribed by the department. (2) The department may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth by rule of the department. (3) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the department in an amount set by rule of the department adopted pursuant to section 41-401, Idaho Code. (4) 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.  History: [41-5807, added 2008, ch. 179, sec. 1, p. 534.]
ID Code § 41-5808 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5808 - EXEMPTIONS FROM EXAMINATION.

41-5808. EXEMPTIONS FROM EXAMINATION. (1) 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 person applies for a license in this state within ninety (90) days of 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 national association of insurance commissioners (NAIC), its affiliates, or subsidiaries, indicate that the public adjuster is or was licensed and in good standing. (2) A person licensed as a public adjuster in another state based on a public adjuster examination who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee pursuant to section 41-5805, Idaho Code. No prelicensing examination shall be required of that person to obtain a public adjuster license. (3) 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 twelve (12) months of 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. (4) A licensed individual who moves and establishes residency in this state must apply for a resident license within ninety (90) days of establishing residency here and must relinquish his or her resident license in the former home state.  History: [41-5808, added 2008, ch. 179, sec. 1, p. 535.]
ID Code § 41-5809 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5809 - NONRESIDENT LICENSE RECIPROCITY.

41-5809. NONRESIDENT LICENSE RECIPROCITY. (1) Unless denied licensure pursuant to sections 41-5810 or 41-5811, Idaho Code, a nonresident person shall receive a nonresident public adjuster license if: (a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state; (b) The person has submitted the proper request for licensure, has paid the fees required by rule of the department adopted pursuant to section 41-5806(1)(g), Idaho Code, and has provided proof of financial responsibility as required in section 41-5812, Idaho Code; (c) The person has submitted or transmitted to the department the appropriate completed application for licensure; and (d) The person’s home state awards nonresident public adjuster licenses to residents of this state on the same basis. (2) The department may verify the public adjuster’s licensing status through the producer database maintained by the NAIC, its affiliates, or subsidiaries. (3) 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 department 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 a nonresident license is issued must be made as soon as possible, within thirty (30) days of the change in new state resident license. The licensee shall include new and old addresses. 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.  History: [41-5809, added 2008, ch. 179, sec. 1, p. 535.]
ID Code § 41-5810 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5810 - LICENSE.

41-5810. LICENSE. (1) Unless denied licensure under this chapter, persons who have met the requirements of this chapter shall be issued a public adjuster license. (2) A public adjuster license shall remain in effect unless revoked, terminated or suspended as long as the request for renewal and the fee set forth in the rule promulgated under section 41-5806(1)(g), Idaho Code, is paid and any other requirements for license renewal are met by the due date. (3) The licensee shall inform the department by any means acceptable to the department of a change of address, change of legal name, or change of information submitted on the application within thirty (30) days of the change. (4) A public adjuster who allows his or her license to lapse may, within twelve (12) months from the due date of the renewal, reinstate his or her public adjuster license upon the department’s receipt of the request for renewal, payment of a penalty in the amount of double the unpaid renewal fee and certification that all continuing education requirements have been met. The new public adjuster license shall be effective the date the department receives all of the above stated items required for reinstatement. (5) A licensed public adjuster who is unable to comply with license renewal procedures due to military service, a long-term medical disability or some other extenuating circumstance, may request a waiver of those procedures. The public adjuster may also request a waiver of any examination requirement, fine or other sanction imposed for failure to comply with renewal procedures. (6) The license shall contain the licensee’s name, city and state of business address, license number, the date of issuance, the expiration date and any other information the department deems necessary. (7) In order to assist in the performance of the department’s duties, the department may contract with nongovernmental entities, including the NAIC or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees and data, related to licensing that the department may deem appropriate.  History: [41-5810, added 2008, ch. 179, sec. 1, p. 536.]
ID Code § 41-5812 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5812 - BOND OR LETTER OF CREDIT.

41-5812. BOND OR LETTER OF CREDIT. Prior to 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 department through a security bond or irrevocable letter of credit. (1) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond: (a) Shall be in the minimum amount of twenty thousand dollars ($20,000); (b) Shall be in favor of this state and shall specifically authorize recovery by the department on behalf of any person in this state who sustained damages as the result of erroneous acts, a failure to act, conviction of fraud, or conviction of unfair practices in his or her capacity as a public adjuster; and (c) Shall not be terminated unless at least thirty (30) days’ prior written notice will have been filed with the department and given to the licensee. (2) An irrevocable letter of credit issued by a qualified financial institution, which letter of credit: (a) Shall be in the minimum amount of twenty thousand dollars ($20,000); (b) Shall be to an account within the department 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, a failure to act, fraudulent acts, or unfair practices in his or her capacity as a public adjuster; and (c) Shall not be terminated unless at least thirty (30) days’ prior written notice will have been filed with the department and given to the licensee. (3) The issuer of the evidence of financial responsibility shall notify the department upon termination of the bond or letter of credit, unless otherwise directed by the department. (4) The department may ask for the evidence of financial responsibility at any time deemed relevant. (5) The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes impaired.  History: [41-5812, added 2008, ch. 179, sec. 1, p. 537.]
ID Code § 41-5813 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5813 - CONTINUING EDUCATION.

41-5813. CONTINUING EDUCATION. (1) An individual, who holds a public adjuster license and who is not exempt under subsection (2) of this section, shall satisfactorily complete a minimum of twenty-four (24) hours of continuing education courses, including three (3) hours of law or ethics, reported on a biennial basis in conjunction with the license renewal cycle. (2) This section shall not apply to: (a) Licensees not licensed for one (1) full year prior to the end of the applicable continuing education biennium; or (b) 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. (3) Only continuing education courses approved by the department shall be used to satisfy the continuing education requirement of subsection (1) of this section. (4) Failure of the licensee to comply with the applicable education requirement by the expiration date of the license shall be grounds for the director to refuse to continue any such license. The licensee may reinstate his or her license by submitting proof of all education requirements within ninety (90) days from the date of expiration of the license and by submitting an additional administrative penalty of one hundred dollars ($100) for a delinquency of one (1) day to thirty (30) days, two hundred dollars ($200) for a delinquency of thirty-one (31) days to sixty (60) days, and three hundred dollars ($300) for a delinquency of sixty-one (61) days to ninety (90) days. Following the ninetieth day from the date of nonrenewal of the license and up to one (1) year from the nonrenewal date, the licensee must complete all requirements for licensure including retesting, submission of a new application and payment of all new licensing fees. In addition, the individual must submit proof of completion of the required education requirements from the licensing period in which the license was terminated. After the license has been expired for one (1) year or more, the individual must reapply and retest as a new applicant.  History: [41-5813, added 2008, ch. 179, sec. 1, p. 538.]
ID Code § 41-5814 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5814 - PUBLIC ADJUSTER FEES.

41-5814. PUBLIC ADJUSTER FEES. (1) 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 chapter and is not so licensed. (2) 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 chapter and is not so licensed. (3) 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 section 41-1314, Idaho Code.  History: [41-5814, added 2008, ch. 179, sec. 1, p. 539.]
ID Code § 41-5816 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 58 - PUBLIC ADJUSTER LICENSING ACT|Section 41-5816 - ESCROW OR TRUST ACCOUNTS.

41-5816. ESCROW OR TRUST ACCOUNTS. A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards 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.  History: [41-5816, added 2008, ch. 179, sec. 1, p. 541.]