reglab/housing_qa huggingface dataset:
KS Stat § 40-5506 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5506 Examination; retaking examination; when.

40-5506. Examination; retaking examination; when. (a) An applicant for a public adjuster license under this act shall pass a written examination, unless exempt from this requirement pursuant to K.S.A. 40-5507, and amendments thereto. 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.(c) An applicant who fails to appear for the examination as scheduled or fails to pass the examination may retake the examination following a waiting period of not less than seven days following the date of the first examination. If the applicant again fails to satisfactorily complete the examination, the applicant may retake the examination following a waiting period of not less than seven days following the date of the second examination. If the applicant again fails to satisfactorily complete the examination, the applicant may retake the examination following a waiting period of not less than six months following the date of the third examination, except that following a waiting period of not less than two years following the date of the third examination, the applicant will be treated as a new applicant and new examination and waiting periods shall apply.History: L. 2009, ch. 83, § 6; Apr. 23.
KS Stat § 40-5507 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5507 Pre-licensing examination not required; when.

40-5507. Pre-licensing examination not required; when. (a) An applicant who applies for a public adjuster license in this state, who is currently licensed as a public adjuster in another state based on the individual's passage of a public adjuster examination, shall not be required to complete any pre-licensing examination.(b) An individual licensed as a public adjuster in another state, based on the individual's passage of a public adjuster examination, who moves to this state shall make application within 90 days of establishing legal residence in this state to become a resident licensee pursuant to K.S.A. 40-5505, and amendments thereto. No pre-licensing examination shall be required of that individual to obtain a public adjuster license.(c) An individual who applies for a public adjuster license in this state and who was previously licensed as a public adjuster in this state, shall not be required to complete any pre-licensing examination, if the individual's application for licensure as a public adjuster is received within 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.History: L. 2009, ch. 83, § 7; Apr. 23.
KS Stat § 40-5508 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5508 Nonresident public adjuster license, when; requirements.

40-5508. Nonresident public adjuster license, when; requirements. (a) Unless denied licensure pursuant to K.S.A. 40-5510, and amendments thereto, a nonresident individual shall receive a nonresident public adjuster license, if:(1) The individual is currently licensed and in good standing as a resident public adjuster in that individual's home state;(2) the individual has submitted the proper request for licensure, has paid the appropriate fee required by K.S.A. 40-5505, and amendments thereto, and, if required by the commissioner to do so, has provided proof of financial responsibility in accordance with K.S.A. 40-5511, and amendments thereto;(3) the individual has submitted to the commissioner the appropriate completed application for licensure; and(4) the individual'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.(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 the licensee's 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 a new home state and has been issued a license as a resident public adjuster in the new home state. Notification to the state or states where the nonresident license is issued must be made as soon as practicable, but no later than 30 days of a change in the new home state resident license. The licensee shall include in such notification the licensee's new and old addresses. A new home state resident license is required for a nonresident license to remain valid, and the new home state must have reciprocity with this state, in order for the nonresident license to remain valid.History: L. 2009, ch. 83, § 8; Apr. 23.
KS Stat § 40-5509 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5509 Issuance of license; fee; renewal.

40-5509. Issuance of license; fee; renewal. (a) An individual who has met the requirements for licensure under this act shall be issued a public adjuster license. A public adjuster license shall remain in effect, unless revoked, terminated or suspended, as long as the request for renewal is timely submitted and a license renewal fee of $100 is paid and any other requirements for license renewal are met by the due date. The licensee shall inform the commissioner by any means acceptable to the commissioner of a change of address, change of legal name or change of information submitted on the application within 30 days of the change.(b) A public adjuster shall be subject to the provisions of subsection (9) of K.S.A. 40-2404, and amendments thereto.(c) A public adjuster who allows such person's license to lapse may, within 12 months from the due date of the renewal, be issued a new public adjuster license upon the commissioner's receipt of proof that the licensee has satisfactorily completed the renewal process and the licensee's payment of a reinstatement fee of $100. The new public adjuster license shall be effective the date the commissioner receives such proof and the reinstatement fee.(d) A licensed public adjuster that is unable to comply with license renewal procedures due to military service, a long-term medical disability or some other extenuating circumstance, may request an extension of time to comply with those procedures.(e) The public adjuster license shall contain the licensee's name, city and state of business address, personal identification number, the date of issuance, the expiration date and any other information the commissioner deems necessary.(f) In order to assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the NAIC, to perform any ministerial functions, including the collection of fees and data related to licensing that the commissioner may deem appropriate.History: L. 2009, ch. 83, § 9; Apr. 23.
KS Stat § 40-5511 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5511 Evidence of financial responsibility.

40-5511. Evidence of financial responsibility. (a) Prior to issuance of a public adjuster license and for the duration of the license, the commissioner may require the applicant to furnish evidence of financial responsibility, in a format prescribed by the commissioner, by means of:(1) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond:(A) Shall be in such reasonable amount as the commissioner may require;(B) shall be in favor of the commissioner and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustains damages as the result of erroneous acts, failure to act, conviction of fraud or conviction of unfair practices in the applicant's capacity as a public adjuster; and(C) shall not be terminated unless at least 30-days prior written notice has been filed by the insurer with the commissioner 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 such reasonable amount as the commissioner may require;(B) shall be to an account of 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 the applicant's capacity as a public adjuster; and(C) shall not be terminated unless at least 30-days prior written notice has been filed by the issuer with the commissioner and given to the licensee.(b) Where the commissioner has required an applicant to furnish evidence of financial responsibility pursuant to subsection (a):(1) 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;(2) the commissioner may ask for the evidence of the public adjuster's financial responsibility at any time the commissioner deems relevant; and(3) the authority to act as a public adjuster shall terminate automatically if the evidence of financial responsibility terminates or becomes impaired.History: L. 2009, ch. 83, § 11; Apr. 23.
KS Stat § 40-5512 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5512 Continuing education requirements.

40-5512. Continuing education requirements. (a) As used in this section:(1) "Biennial due date" means the last day of the month of the date of birth of any public adjuster who is required to complete continuing education credits and report the completion of the continuing education credits to the commissioner, except that such due date shall not be earlier than two years from the date of the public adjuster's initial licensure under this act.(2) "Biennium" means, for any public adjuster who was born in an odd-numbered year, the two-year period starting with the public adjuster's biennial due date in 2011 and each two-year period thereafter. For any public adjuster who was born in an even-numbered year, such term means the two-year period starting with the public adjuster's biennial due date in 2012 and each two-year period thereafter.(b) An individual, who holds a public adjuster license and who is not exempt under subsection (d), shall satisfactorily complete a minimum of 18 hours of continuing education courses including three hours of ethics, reported on a biennial basis in conjunction with the license renewal cycle. Only continuing education courses approved by the commissioner shall be used to satisfy the requirements of this subsection.(c) Unless suspended, revoked or refused renewal pursuant to K.S.A. 40-5510, and amendments thereto, a public adjuster's license shall remain in effect as long as the education requirements for a resident public adjuster are met by such public adjuster's biennial due date.(d) The continuing education requirements of this section shall not apply to 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.History: L. 2009, ch. 83, § 12; L. 2021, ch. 23, § 9; July 1.
KS Stat § 40-5513 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5513 Allowable compensation for adjuster; prohibitions.

40-5513. Allowable compensation for adjuster; prohibitions. (a) 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 10% of any insurance settlement or proceeds.(b) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating or settling first party claims in this state, if that person is a business entity or is an individual required to be licensed under this act and is not so licensed.(c) A person shall not accept a commission, service fee or other valuable consideration for investigating or settling first party claims in this state, if that person is a business entity or is an individual required to be licensed under this act and is not so licensed.(d) No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit or other thing of value, prior to settlement of a claim.History: L. 2009, ch. 83, § 13; Apr. 23.
KS Stat § 40-5515 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5515 Records of transactions.

40-5515. Records of transactions. (a) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following:(1) Name of the insured;(2) date, location and amount of the loss;(3) copy of the contract between the public adjuster and insured;(4) name of the insurer and the amount, expiration date and number of each policy carried by the insured with respect to the loss;(5) itemized statement of the insured's recoveries;(6) itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss;(7) a register of all moneys received, deposited, disbursed or withdrawn in connection with a transaction with an insured, including fees, transfers and disbursements from a trust account and all transactions concerning all interest-bearing accounts;(8) name of public adjuster who executed the contract;(9) name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and(10) evidence of financial responsibility in the format prescribed by the commissioner.(b) Records shall be maintained for at least five years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.(c) Records submitted to the commissioner in accordance with this section that contain information identified in writing as proprietary by the public adjuster shall be treated as confidential by the commissioner and shall not be open for inspection under the Kansas open records act.History: L. 2009, ch. 83, § 15; L. 2014, ch. 72, § 1; July 1.
KS Stat § 40-5517 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5517 Reports of legal actions against adjuster.

40-5517. Reports of legal actions against adjuster. (a) The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.(b) Within 30 days of the initial pretrial hearing date, the public adjuster shall report to the commissioner any criminal prosecution of the public adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.History: L. 2009, ch. 83, § 17; Apr. 23.
KS Stat § 40-5518 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5518 Rules and regulations.

40-5518. Rules and regulations. The commissioner shall promulgate such reasonable rules and regulations as are necessary to carry out the provisions of this act. The commissioner shall adopt such rules and regulations by July 1, 2010.History: L. 2009, ch. 83, § 18; Apr. 23.
KS Stat § 40-5519 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5519 Same; severability.

40-5519. Same; severability. If any provisions of this act, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.History: L. 2009, ch. 83, § 19; Apr. 23.
KS Stat § 40-5601 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5601 Citation of act.

40-5601. Citation of act. K.S.A. 40-5601 through 40-5609, and amendments thereto, shall be known and may be cited as the portable electronics insurance act.History: L. 2011, ch. 75, § 1; Jan. 1, 2012.
KS Stat § 40-5602 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5602 Definitions.

40-5602. Definitions. For purposes of this act:(a) "Commissioner" means the commissioner of insurance.(b) "Covered customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics devices.(c) "Customer" means a person who purchases or leases portable electronics devices or services.(d) "Insurance producer" shall have the meaning ascribed to it in K.S.A. 40-4902, and amendments thereto.(e) "Location" means any physical location in the state of Kansas.(f) "Portable electronic device" means an electronic device that is portable in nature. The term portable electronic device also includes any accessory for such device and any service related to the use of such portable electronic device that is sold to a customer.(g) "Portable electronic devices" does not mean devices used exclusively by communication companies or commercial entities to provide service to a customer.(h) (1) "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics devices which may provide coverage for portable electronics devices against any one or more of the following causes of loss: loss, theft, are inoperable due to mechanical failure, malfunction, damage or other similar causes of loss.(2) "Portable electronics insurance" does not include:(A) Any service contract as defined by K.S.A. 40-201a, and amendments thereto;(B) any policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or(C) any homeowner's, renter's, private passenger automobile, commercial multiperil, or similar policy.(i) "Portable electronics transaction" means:(1) The sale or lease of portable electronics device by a vendor to a customer; or(2) the sale of a service related to the use of portable electronics device by a vendor to a customer.(j) "Supervising entity" means a business entity that is a licensed insurance producer or insurer.(k) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.History: L. 2011, ch. 75, § 2; Jan. 1, 2012.
KS Stat § 40-5603 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5603 License required.

40-5603. License required. (a) A vendor shall be required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. To hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance, a vendor shall meet all the requirements to be a producer including:(1) Paying all fees to be an insurance producer;(2) complying with all the same terms and conditions that are specified for an insurance producer license; and(3) submitting to the commissioner any additional information or documentation that the commissioner requires, including any information or documentation needed to determine the professional competence, good character and trustworthiness of the vendor.(b) The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with 10 days notice to the supervising entity, the registry shall be provided to the commissioner.(c) Notwithstanding any other provision of law, any license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this act.History: L. 2011, ch. 75, § 3; L. 2012, ch. 44, § 1; July 1.
KS Stat § 40-5604 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5604 Disclosures required.

40-5604. Disclosures required. (a) At every location where portable electronics insurance is offered to customers, brochures or other written material shall be made available to a prospective customer which:(1) Discloses that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;(2) states that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics devices or services;(3) summarizes the material terms of the insurance coverage, including:(A) The identity of the insurer;(B) the identity of the supervising entity;(C) the amount of any applicable deductible and how it is to be paid;(D) benefits of the coverage; and(E) key terms and conditions of coverage such as whether portable electronics devices may be repaired or replaced with similar make and model, reconditioned, or repaired with nonoriginal manufacturer parts or equipment.(4) Summarizes the process for filing a claim, including a description of how to return portable electronics devices and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements.(5) States that the customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and receive any applicable unearned premium refund.(b) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial policy issued to a vendor of portable electronics devices under which individual customers may elect to enroll for coverage.(c) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.History: L. 2011, ch. 75, § 4; Jan. 1, 2012.
KS Stat § 40-5606 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5606 Violations; penalties.

40-5606. Violations; penalties. If a supervising entity, vendor of portable electronics, or employee or authorized representative of a vendor violates any provision of this act, K.A.R. 40-1-34, K.S.A. 40-2404 or 40-4909, and amendments thereto, the commissioner may: (a) Impose on the supervising entity or vendor any or all of the penalties authorized under chapter 40 of the Kansas Statutes Annotated, and amendments thereto, for those violations; and(b) suspend or revoke the ability of individual employees or authorized representatives to act under the license of the vendor.History: L. 2011, ch. 75, § 6; Jan. 1, 2012.
KS Stat § 40-5608 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 56 - Portable Electronics Insurance Act|40-5608 Severability clause.

40-5608. Severability clause. If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.History: L. 2011, ch. 75, § 8; Jan. 1, 2012.