WSR 18-24-059
PERMANENT RULES
OFFICE OF THE
INSURANCE COMMISSIONER
[Filed November 29, 2018, 1:45 p.m., effective January 1, 2019]
Effective Date of Rule: January 1, 2019.
Purpose: To create new, and amend existing, subsections of WAC 284-17-123 to clarify the special education condition found in RCW
48.17.380 (3)(d) for an adjuster license candidate.
Citation of Rules Affected by this Order: Amending WAC 284-17-123.
Adopted under notice filed as WSR 18-21-160 on October 22, 2018.
A final cost-benefit analysis is available by contacting David Forte, P.O. Box 40260, Olympia, WA 98504-0260, phone 360-725-7042, email davidf@oic.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 29, 2018.
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION(Amending WSR 09-02-073, filed 1/6/09, effective 7/1/09)
WAC 284-17-123Resident and nonresident adjuster licenses((—Trainees)).
(1) Applicants for a resident adjuster license may satisfy the experience or special training requirements of RCW
48.17.380((
(4)))
(3)(d) by employment as a "trainee" for a
minimum period of ((
not fewer than)) six months.
(a) Each trainee must be supervised by a resident licensed adjuster. Trainees must receive training in all adjustment activities and responsibilities. Activities of the trainee must be restricted to participation in factual investigation and tentative closing of losses. All adjusting transactions must be completed in the name of the supervising licensed adjuster who must review, confirm, and be responsible for all acts of the trainee. Compensation of a trainee must be on a salary basis only.
(b) Any person employing trainees must immediately advise the commissioner and provide the exact date that employment of the trainee begins and ends. The employer must submit an application completed by each trainee and one fingerprint card.
(c) Trainees are eligible to take the adjuster's examination required by the commissioner after completing ((no fewer than))a minimum period of six months as a trainee.
(d) The maximum period a person may be designated as a trainee is one nine-month period.
(e) Any violation of this section or a violation of any provision of the insurance code subjects both the trainee and the supervisory adjuster to penalties of the code.
(2)
Applicants for a resident adjuster license may satisfy the special education requirements of RCW 48.17.380 (3)(d) by:(a) Successful completion of the chartered property casualty underwriter (CPCU) program and earning the CPCU professional designation from the American Institute for Chartered Property Casualty Underwriters, also known as the institutes;
(b) Successful completion of the associate in claims (AIC) program and earning the AIC professional designation from the American Institute for Chartered Property Casualty Underwriters, also known as the institutes; or
(c) Successful completion of the property program and earning the property claim law specialist (PCLS) professional designation from the American Educational Institute.
(3) Applicants who are not residents of Washington may be licensed as nonresident adjusters as follows:
(a) A nonresident adjuster license will be issued if the applicant has and maintains an adjuster license in good standing in his or her home state and the home state reciprocates and licenses Washington adjusters as nonresident adjusters.
(b) If the home state of an applicant for an adjuster license does not issue an adjuster license, the applicant must pass this state's written adjuster examination.
(c) If the home state of an applicant for a nonresident adjuster license does not issue an adjuster license but he or she has an active adjuster license as a nonresident in a state other than Washington that requires passing an examination, and he or she has taken and passed the examination and is in good standing with that state, the nonresident adjuster is deemed by the commissioner to have satisfied the examination required for adjusters in this state.