AB357,10,25 24629.10 Prohibitions. In addition to the other prohibitions in this chapter, a
25public adjuster may not engage in any of the following activities:
AB357,11,2
1(1) Solicit, or attempt to solicit, an insured during the progress of a
2loss-producing occurrence, as defined in the insured's insurance policy.
AB357,11,4 3(2) Allow an unregistered employee or representative to perform an adjusting
4service for which registration is required under this chapter.
AB357,11,7 5(3) Own a direct or indirect financial interest in any aspect of a claim, other
6than the compensation agreed to under s. 629.04 (1) (f), unless notification is
7provided to the insured under s. 629.06.
AB357,11,9 8(4) Acquire an interest in salvage of the insured's property unless obtaining
9written permission from the insured after settlement of the claim.
AB357,11,13 10(5) Refer the insured to a person in whom the public adjuster has a direct or
11indirect financial interest or from whom the public adjuster may directly or
12indirectly receive anything of value for the referral unless notification is provided to
13the insured under s. 629.06.
AB357,11,14 14(6) Solicit an insured outside the hours of 9 a.m. and 6 p.m.
AB357,11,17 15(7) Undertake an adjusting service without being competent and
16knowledgeable about the terms and conditions of the insured's insurance coverage
17or if the loss or coverage exceeds the public adjuster's expertise.
AB357,11,19 18(8) Knowingly make a false material statement regarding any person engaged
19in the business of insurance to a client or potential client.
AB357,11,21 20(9) Act as an adjuster for an insurer or independent adjuster while registered
21under s. 629.02.
AB357,11,23 22(10) Agree to a settlement without the insured's knowledge and written
23consent.
AB357,12,3 24629.11 Continuing education. (1) A public adjuster shall complete, on a
25biennial basis, a minimum of 15 credits of continuing education, including 3 credits

1of ethics. Each credit shall consist of at least 50 minutes of instruction and shall be
2approved by the commissioner. A public adjuster shall report the credits in
3conjunction with the registration renewal under s. 629.02 (4).
AB357,12,10 4(2) An individual who is not a resident of this state and who is a licensed or
5registered public adjuster in the individual's state of residence and complies with
6continuing education requirements in that state that are substantially similar to the
7requirements under sub. (1) may submit to the commissioner proof of compliance
8with that state's requirements. If the individual's state of residence provides credit
9to the residents of this state on a reciprocal basis, the commissioner shall accept the
10proof of compliance as meeting the requirement under sub. (1).
AB357,12,16 11629.12 Reporting of administrative and criminal actions. (1) A public
12adjuster shall report to the commissioner any administrative action related to the
13business of insurance that is taken against the public adjuster by a governmental
14agency or regulatory body. The report shall be made no later than 30 days after the
15final disposition of the matter and shall include a copy of the order, consent to order,
16or similar document.
AB357,12,21 17(2) A public adjuster shall report to the commissioner any criminal prosecution
18taken against the public adjuster in any jurisdiction. The report shall be made no
19later then 30 days after the date of the initial pretrial hearing and shall include a
20copy of the complaint, the order from the hearing, and any other information
21required by the commissioner.
AB357,12,25 22629.13 Denial, suspension, or revocation of registration. The
23commissioner may, after a hearing, deny, suspend, revoke, or refuse to renew an
24individual's registration under s. 629.02 (2) or (4) or may levy a civil penalty, or both,
25upon a finding that the individual has done any of the following:
AB357,13,2
1(1) Provided false, misleading, or incomplete information in the registration
2application.
AB357,13,3 3(2) Failed to comply with any provision in this chapter.
AB357,13,5 4(3) Violated any insurance law or rule or any subpoena or order of the
5commissioner or insurance regulatory body of another state.
AB357,13,7 6(4) Obtained, or attempted to obtain, registration as a public adjuster through
7misrepresentation or fraud.
AB357,13,9 8(5) Misappropriated or otherwise improperly handled money or property
9received in the course of doing business as a public adjuster.
AB357,13,10 10(6) Intentionally misrepresented the terms of an insurance policy.
AB357,13,12 11(7) Been convicted of a felony related to the duties and obligations of a public
12adjuster or the business of insurance.
AB357,13,14 13(8) Admitted to committing, or is found to have committed, any insurance
14unfair trade practice or insurance fraud.
AB357,13,17 15(9) Used fraudulent, coercive, or dishonest practices, or demonstrated
16incompetence, untrustworthiness, or financial irresponsibility, in the conduct of
17business in any jurisdiction.
AB357,13,19 18(10) Had an intermediary license or public adjuster license or registration
19denied, suspended, or revoked in any jurisdiction.
AB357,13,20 20(11) Cheated on an examination for a public adjuster license or registration.
AB357,13,22 21(12) Misrepresented to a person that the individual represents or is employed
22by an insurer in any capacity, including as an independent adjuster.
AB357,13,24 23(13) Failed to maintain evidence of financial responsibility as required by the
24commissioner.
AB357,8 25Section 8. Effective date.
AB357,14,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
AB357,14,33 (End)
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