Pursuant to this section, the commissioner shall by rule prescribe continuing education requirements for each class of license under Section 31A-26-204.
a state or territory of the United States or the District of Columbia in which an insurance adjuster:
(i)
maintains the adjuster's principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident adjuster; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:
(i)
in which the adjuster is licensed;
(ii)
in which the adjuster is in good standing; and
(iii)
that the adjuster has designated as the adjuster's designated home state. See Utah Code 31A-26-102
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
(a)
The commissioner shall impose continuing education requirements in accordance with a two-year licensing period in which the licensee meets the requirements of this Subsection (2).
(b)
(i)
Except as otherwise provided in this section, the continuing education requirements shall require:
(A)
that a licensee complete 24 credit hours of continuing education for every two-year licensing period;
(B)
that 3 of the 24 credit hours described in Subsection (2)(b)(i)(A) be ethics courses; and
(C)
that the licensee complete at least half of the required hours through classroom hours of insurance-related instruction.
(ii)
A continuing education hour completed in accordance with Subsection (2)(b)(i) may be obtained through:
(A)
classroom attendance;
(B)
home study;
(C)
watching a video recording;
(D)
experience credit; or
(E)
other methods provided by rule.
(iii)
Notwithstanding Subsections (2)(b)(i)(A) and (B), a title insurance adjuster is required to complete 12 credit hours of continuing education for every two-year licensing period, with 3 of the credit hours being ethics courses.
(c)
A licensee may obtain continuing education hours at any time during the two-year licensing period.
(d)
(i)
A licensee is exempt from the continuing education requirements of this section if:
(A)
the licensee was first licensed before December 31, 1982;
(B)
the license does not have a continuous lapse for a period of more than one year, except for a license for which the licensee has had an exemption approved before May 11, 2011;
(C)
the licensee requests an exemption from the department; and
(D)
the department approves the exemption.
(ii)
If the department approves the exemption under Subsection (2)(d)(i), the licensee is not required to apply again for the exemption.
publish a list of insurance professional designations whose continuing education requirements can be used to meet the requirements for continuing education under Subsection (2)(b); and
(ii)
authorize a professional adjuster association to:
(A)
offer a qualified program for a classification of license on a geographically accessible basis; and
(B)
collect a reasonable fee for funding and administration of a qualified program, subject to the review and approval of the commissioner.
(f)
(i)
A fee permitted under Subsection (2)(e)(ii)(B) that is charged to fund and administer a qualified program shall reasonably relate to the cost of administering the qualified program.
(ii)
Nothing in this section shall prohibit a provider of a continuing education program or course from charging a fee for attendance at a course offered for continuing education credit.
(iii)
A fee permitted under Subsection (2)(e)(ii)(B) that is charged for attendance at an association program may be less for an association member, on the basis of the member’s affiliation expense, but shall preserve the right of a nonmember to attend without affiliation.
(3)
The continuing education requirements of this section apply only to a licensee who is an individual.
(4)
The continuing education requirements of this section do not apply to a member of the Utah State Bar.
(5)
The commissioner shall designate a course that satisfies the requirements of this section, including a course presented by an insurer.
(6)
A nonresident adjuster is considered to have satisfied this state’s continuing education requirements if:
(a)
the nonresident adjuster satisfies the nonresident home state‘s continuing education requirements for a licensed insurance adjuster; and
(b)
on the same basis the nonresident adjuster’s home state considers satisfaction of Utah’s continuing education requirements for an adjuster as satisfying the continuing education requirements of the home state.
(7)
A licensee subject to this section shall keep documentation of completing the continuing education requirements of this section for two years after the end of the two-year licensing period to which the continuing education requirement applies.
