Iowa Administrative Code › Agency 191 - Insurance Division › Securities › Chapter 55 - Licensing of Public Adjusters › Rule 191-55.12 - License Denial, Nonrenewal or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commissioner may place on probation,
				suspend, revoke or refuse to issue or renew a public adjuster's license; may
				levy a civil penalty in accordance with Iowa Code section
				505.7A; or may
				take corrective action pursuant to Iowa Code section
				505.8,
				or any combination of actions, for any one or more of the following causes:
a. Providing incorrect, misleading,
				incomplete, or materially untrue information in the license application;
b. Failing to complete continuing
				education as required by rule
				191-55.11 (522C);
c. Violating any insurance laws, or violating
				any regulation, subpoena, or order of the commissioner or of another state's
				insurance commissioner;
d.
				Obtaining or attempting to obtain a license through misrepresentation or
				fraud;
e. Improperly withholding,
				misappropriating, or converting any moneys or properties received in the course
				of doing adjuster business;
f.
				Intentionally misrepresenting the terms of an insurance contract;
g. Having been convicted of a felony;
h. Having admitted to or having
				been found to have committed any insurance unfair trade practice or insurance
				fraud;
i. Using fraudulent,
				coercive or dishonest practices; or demonstrating incompetence,
				untrustworthiness or financial irresponsibility in the conduct of business in
				this state or elsewhere;
j. Having
				an insurance license or a public adjuster license, or the equivalent, denied,
				suspended, or revoked in any other state, province, district or territory;
k. Cheating, including improperly
				using notes or any other reference material, to complete an examination for any
				adjuster license;
l. Failing to
				comply with an administrative or court order imposing a child support
				obligation, following procedures of rule
				191-10.21 (252J,272D), replacing
				the word "producer" with "public adjuster";
m. Failing to pay state income tax or to
				comply with any administrative or court order directing payment of state income
				tax, following procedures of rule
				191-10.21 (252J,272D), replacing
				the word "producer" with "public adjuster";
n. Misrepresenting to a claimant that the
				public adjuster 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 the public adjuster
				is appointed by the insurer and the appointment is accepted by the public
				adjuster;
o. Failing to maintain
				evidence of financial responsibility as required by rule
				191-55.10 (522C);
p. For a business entity licensed as a public
				adjuster, failing to designate only licensed individual public adjusters to
				exercise the business of the business entity's license;
q. Failing to report to the division any
				notifications or actions required to be reported pursuant to rule
				191-55.9(522C);
r. Failing to file
				reports required by this chapter; or s. Failing or refusing to cooperate in an
				investigation by the division.