31A-26-210 - Reports from organizations licensed as adjusters.
31A-26-210. Reports from organizations licensed as adjusters.
(1) An organization licensed as an adjuster under Section 31A-26-203 shall designate anindividual who has an individual adjuster license to act on the organization's behalf in order forthe licensee to do business for the organization in this state.
(2) An organization licensed under this chapter shall report to the commissioner, atintervals and in the form the commissioner establishes by rule:
(a) a new designation; and
(b) a terminated designation.
(3) (a) An organization licensed under this chapter shall report to the commissioner thecause of termination of a designation if:
(i) the reason for termination is a reason described in Subsection 31A-26-213(5)(b); or
(ii) the organization has knowledge that the individual licensee is found to have engagedin an activity described in Subsection 31A-26-213(5)(b) by:
(A) a court;
(B) a government body; or
(C) a self-regulatory organization, which the commissioner may define by rule made inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The information provided the commissioner under Subsection (3)(a) is a privaterecord under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) An organization is immune from civil action, civil penalty, or damages if theorganization complies in good faith with this Subsection (3) in reporting to the commissioner thecause of termination of a designation.
(d) Notwithstanding any other provision in this section, an organization is not immunefrom an action or resulting penalty imposed on the reporting organization as a result of aproceeding brought by or on behalf of the department if the action is based on evidence otherthan the report submitted in compliance with this Subsection (3).
(4) An organization licensed under this chapter may act in a capacity for which it islicensed only through an individual who is licensed under this chapter to act in the same capacity.
(5) An organization licensed under this chapter shall designate and report promptly to thecommissioner the name of the designated responsible licensed individual who has authority to acton behalf of the organization in all matters pertaining to compliance with this title and orders ofthe commissioner.
(6) If an agency designates a licensee in a report submitted under Subsection (2) or (5),there is a rebuttable presumption that the designated licensee acts on behalf of the agency.
(7) (a) When a license is held by an organization, both the organization itself and anindividual designated under the license shall, for purposes of this section, be considered to be theholders of the organization license.
(b) If an individual designated under the organization license commits an act or fails toperform a duty that is a ground for suspending, revoking, or limiting the organization license, thecommissioner may suspend, revoke, or limit the license of:
(i) that individual;
(ii) the organization, if the organization:
(A) is reckless or negligent in its supervision of the individual; or
(B) knowingly participates in the act or failure to act that is the ground for suspending,revoking, or limiting the license; or
(iii) (A) the individual; and
(B) the organization, if the organization meets the requirements of Subsection (7)(b)(ii).
Amended by Chapter 349, 2009 General Session