§ 27-10.1-1 - Purpose of chapter – Issuance of license – Penalties – Renewal – Revocation or suspension.
SECTION 27-10.1-1
§ 27-10.1-1 Purpose of chapter –Issuance of license – Penalties – Renewal – Revocation orsuspension. – (a) The purpose of this chapter is to subject certain individuals to thejurisdiction of the insurance commissioner. The legislature declares that it isconcerned with the business of appraising damaged automobiles and to this endauthorizes the insurance commissioner to regulate that business. No personshall act as an appraiser for motor vehicle physical damage claims on behalf ofany insurance company or firm or corporation engaged in the adjustment orappraisal of motor vehicle claims unless that person has first secured alicense from the insurance commissioner and has paid a license fee of sixtydollars ($60.00) for each fiscal year or fraction of a year. The license shallbe issued only upon the successful passage of the examination that shall beadministered at the discretion of the insurance commissioner, but in no eventless than quarterly. Each person applying for a physical damage appraiserslicense shall pay an application fee of fifty dollars ($50.00) to and for theuse of the state. The commissioner may prescribe reasonable regulationsconcerning standards for qualifications, suspension, or revocation, and themethods with which licensees conduct their business, in addition to therequirements specifically delineated within this chapter. The commissionershall submit an annual report on his or her findings and recommendations to thegovernor and the general assembly on January 30 of each year.
(b) Any person who violates any provision of this chaptershall be fined not more than five hundred dollars ($500) or imprisoned not morethan one year, or both.
(c) The insurance commissioner shall promulgate rules andregulations mandating the term of license for each category of license issuedpursuant to this chapter; and no license shall remain in force for a period inexcess of four (4) years.
(d) Any mandated license fee shall be determined bymultiplying the number of years of the license by the fee described insubsection (a). A license shall be renewed upon the payment of the appropriaterenewal fee. The fee for the total term of the licensure or renewal shall bepaid at the time of initial application or renewal.
(e) Nothing in this section shall be construed to limit theauthority of the insurance commissioner to sooner suspend or revoke any licenseissued pursuant to this chapter. Any action for suspension or revocation of anylicense shall be in accordance with Administrative Procedures Act, chapter 35of title 42, upon proof that the license was obtained by fraud ormisrepresentation, or that the interests of the insurer or the interests of thepublic are not properly served under the license, or for cause.