State Codes and Statutes
Statutes > Vermont > Title-08 > Chapter-131 > 4803
§ 4803. Adjusters, workers' compensation adjusters, public adjusters and appraisers, qualifications and requirements
(a) Qualifications. For the protection of the people of this state the commissioner shall not issue, continue or permit to exist any license as an adjuster, a workers' compensation adjuster, public adjuster, or appraiser except in compliance with this section, or as to any individual not qualified therefor as follows:
(1) must be at least 18 years of age;
(2) must be competent, trustworthy, financially responsible, and of good personal business reputation;
(3) must pass any written examination required for the license under this subchapter; and
(4) must have at least two years' experience or special training with respect to handling of loss claims, in the case of workers' compensation adjusters, workers' compensation claims, or in the case of appraisers, insurance loss appraising of sufficient duration and scope reasonably to make the applicant competent to fulfill the responsibilities of an adjuster, workers' compensation adjuster, public adjuster or appraiser; or, in lieu of such experience or training, is to be employed by and subject to the immediate personal supervision of a licensed adjuster, workers' compensation adjuster, public adjuster or appraiser in this state who has been so established in business for not less than three years preceding the date of application for the license. This subsection shall not apply to persons holding existing licenses as adjuster, and public adjusters in this state immediately prior to July 1, 1974. This section shall apply to any person applying for a workers' compensation adjuster's license or an appraiser's license.
(5) [Repealed.]
(b) [Repealed.]
(c) Records.
(1) Each adjuster, workers' compensation adjuster, public adjuster or appraiser shall keep at the address shown on the license a record of all transactions under the license.
(2) The record shall include:
(A) A copy of all investigations, adjustments or appraisals undertaken or consummated.
(B) A statement of any fee, commission or other compensation received or to be received by the adjuster, workers' compensation adjuster, public adjuster or appraiser on account of such investigation, adjustment, or appraisal.
(3) The adjuster, workers' compensation adjuster, public adjuster or appraiser shall make such records available for examination by the commissioner at all times, and shall retain the records for at least three years.
(d) Nonresident adjusters, workers' compensation adjusters, public adjusters or appraisers; process; special catastrophe losses.
(1) Subdivision 4800(3)(B)(ii) of this title (service of process) shall also apply as to nonresidents of this state licensed as adjuster, workers' compensation adjuster, public adjuster or appraiser by this state.
(2) No adjuster, public adjuster or appraiser license is required as to any adjuster, public adjuster or appraiser sent into this state on behalf of a duly admitted insurer for the investigation or adjustment of a particularly unusual or extraordinary loss, or of a series of losses resulting from a catastrophe common to all such losses. Nor shall such a license be required of a marine-average adjuster.
(e) The commissioner shall require workers' compensation adjusters to complete educational or training programs in their field. The commissioner may suspend or revoke a license issued under this subchapter of any person who fails to comply with the educational or training requirements established by the commissioner. (Amended 1973, No. 217 (Adj. Sess.), § 13; 1975, No. 78, §§ 1, 4; 1993, No. 225 (Adj. Sess.), § 25; 2001, No. 97 (Adj. Sess.), § 11.)
