33-17-301. Adjuster license -- qualifications -- catastrophe adjustments -- public adjuster. (1) An individual may not act as or purport to be an adjuster in this state unless licensed as an adjuster under this chapter. An individual shall apply to the commissioner for an adjuster license in a form approved by the commissioner. The commissioner shall issue the adjuster license to individuals qualified to be licensed as an adjuster.
     (2) To be licensed as an adjuster, the applicant:
     (a) must be an individual 18 years of age or more;
     (b) must be a resident of Montana or resident of another state that permits residents of Montana regularly to act as adjusters in the other state;
     (c) shall pass an adjuster licensing examination as prescribed by the commissioner and pay the fee pursuant to 33-2-708;
     (d) must be trustworthy and of good character and reputation; and
     (e) must have and shall maintain in this state an office accessible to the public and shall keep in the office for not less than 5 years the usual and customary records pertaining to transactions under the license. This provision does not prohibit maintenance of the office in the home of the licensee.
     (3) A business entity, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the adjuster license powers is separately licensed or is named in the business entity adjuster license and is qualified for an individual adjuster license.
     (4) An adjuster license or qualifications are not required for an adjuster who is sent into this state by and on behalf of an insurer or adjusting business entity for the purpose of investigating or making adjustments of a particular loss under an insurance policy or for the adjustment of a series of losses resulting from a catastrophe common to all losses.
     (5) An adjuster license continues in force until lapsed, suspended, revoked, or terminated. The licensee shall renew the license by the biennial renewal date and pay the appropriate fee or the license will lapse. The biennial fee is established pursuant to 33-2-708.
     (6) The commissioner may adopt rules providing for the examination, licensure, bonding, and regulation of public adjusters.

     History: En. Sec. 171, Ch. 286, L. 1959; amd. Sec. 6, Ch. 423, L. 1971; R.C.M. 1947, 40-3327; amd. Sec. 28, Ch. 713, L. 1989; amd. Sec. 26, Ch. 531, L. 1997; amd. Sec. 14, Ch. 316, L. 1999; amd. Sec. 16, Ch. 427, L. 2003; amd. Sec. 15, Ch. 469, L. 2005; amd. Sec. 13, Ch. 271, L. 2009.