Effective in 2019, all licensed attorneys will be required to complete one hour of CLE devoted to technology training. This hour will be part of the annual 12-hour requirements.
The Oregon Legislature passed SB 251 during the 2019 legislative session that, among other things, cleans up and modernizes the adjuster and consultant licensing language. Changes included in the new law:
I. The definition of adjuster has changed.
II. Designated home state (DHS) is recognized for licensing purposes.
III. Adjusters must have 24 hours of continuing education (CE) to renew.
The licensing changes take effect on January 1, 2020.
The Definition of Adjuster Has Changed
The definition of adjuster changed from “one who adjusts” to “a person that receives a fee, a commission or other compensation to investigate, negotiate, or settle first party or third party losses that arise as claims under the terms of an insurance contact that insures a domestic risk.” This change will help better clarify when a person needs a license.
Designated Home State Is Recognized for Adjuster Licensing Purposes
Oregon has been recognizing the use of DHS by so-called “desk rule” for some time, but this just formalizes our adoption of the DHS process. With this change, an individual who is a resident in a state that does not license adjusters may designate another state to act as the home state for adjuster licensing purposes. The state designated by the individual then licenses the person following the process it would for any actual resident of the state, requiring items such as a criminal records checks and testing that are usually waived for non-resident licenses. The individual can then use the DHS license as a resident license for purposes of obtaining non-resident licenses in other states. The use of DHS is common among regulators as it streamlines licensing for non-residents who otherwise would have issues since the actual home state doesn’t offer that license type.
Adjusters must have 24 hours of continuing education (CE) to renew
By far, the biggest change our licensees will see from the new law is the new requirement to complete continuing education prior to renewing the individual adjuster license. The new law requires adjusters to have 24 hours of continuing education prior to renewal, including 3 hours of ethics and 3 hours of Oregon law.
The statute gives credit for courses approved in Oregon and taken for another insurance license, such as a producer license. So if Jane Smith holds both an Oregon adjuster license and Oregon resident producer license, she will only have to complete 24 hours of CE to renew both licenses, not 48 hours.
For a non-resident license, they can receive credit for courses taken for another state so long as the course is also approved in Oregon. The education provider can bank the credits for Oregon as well as the other state, again only if the course is approved in both states. Please check to see if the course is approved in Oregon using the lookup at https://sbs.naic.org/solar-externallookup/#_
ga=2.38310051.1091920671.1574895598-158653359.1528398642. The licensee will still have to take 24 hours of continuing education, even if the home state requires fewer hours. The non-resident licensee will be required to take 3 hours of Oregon Law and 3 hours of ethics.
The new CE requirement applies to any individual who has had the full 24 months to complete the continuing education. As such, the first licenses that this will apply to those are those issued or renewed on or after January 1, 2020. Our staff will be enforcing the education requirement for all licenses that expire on January 31, 2022 or later.
Effective 12/13/2019, SC will assess an additional $50.00 penalty for Resident Renewal applications that have CE reported AFTER the license expiration date. CE must be completed, and the results reported to NIPR before the licensee can renew.
Fee validation will be as follows:
- If CE date is BEFORE expiration date, CE penalty fee will NOT be assessed.
- If CE date is the SAME as the expiration date, CE penalty fee will NOT be assessed.
- If CE date is AFTER the expiration date, $50.00 CE penalty fee will be assessed.
Effective January 1, 2020, pursuant to new § 10-116(a)(2), an insurance producer shall complete required continuing education not later than 15 days before the expiration date of the insurance producer’s license.
Additionally, effective January 1, 2020, pursuant to new § 10-408(e)(2), a public adjuster shall complete the required continuing education not later than 30 days before the expiration date of the public adjuster’s license.
Should you have any questions concerning this new requirement, contact Beverly Grant, Assistant Director of Producer Licensing, by email at firstname.lastname@example.org or by telephone at 410- 468-2386. A
New Hampshire Law RSA 402-B:5a will be increasing the continuing education requirement for NH resident and Non-Resident Claim Adjusters that designate NH their home state effective January 1, 2020.
NH is adopting the NAIC standard of 24 credit hours with a minimum of 3 credit hours of ethics.
To contact the state with questions, please notify Joan.LaCourse@ins.nh.gov or by phone 603-271-2964 or 603-271-3257
As of September 15, 2019, the 1 hour continuing education requirement for flood will no longer be effective.
License renewals processed prior to September 15 will continue to be required to complete the 1 hour CE requirement on flood coverage.
License renewals processed after September 15 will not be required to obtain the 1 hour of CE requirement on flood coverage.
For questions contact the OK Education Division at email@example.com.
Georgia CLE Sponsor Fee has been reduced to $4 per CLE hour per attendee effective July 1, 2019
For courses held after June 30, 2019, and for distance learning courses attended after June 30, 2019, the sponsor fee has been reduced from $5 per CLE hour per attendee to $4 per CLE hour per attendee.
New Sponsor Fee Regulation – effective July 1, 2019
Regulation (1) to Rule 8-103 (C)
(1) Sponsor Fee. The Sponsor fee, a charge paid directly by the sponsor, is required for all approved programs held within Georgia and for distance learning programs attended by Georgia attorneys. It is optional for approved programs held elsewhere. Sponsors shall remit the fee, together with a list showing the names and Georgia Bar membership numbers of all Georgia attendees, within thirty (30) days after the program is held. The amount of the fee is set at $4.00 per approved CLE hour per active State Bar of Georgia member in attendance. It is computed as shown in the following example:
Georgia per hour per attendee CLE Fee $4
Multiplied by total approved CLE hours x 3 hours
Multiplied by number of GA attorney attendees x 10 attendees
Equals the total sponsor fee due $120 sponsor fee
Note: The sponsor fee is based on the total number of approved CLE hours with no additional fee for professionalism, ethics or trial hours.
On Thursday, April 25, 2019, the Nebraska Department of Insurance transitioned to the newest version of State
Based Systems (SBS), a web-based NAIC application that supports state insurance regulation functions. As part of this transition, Nebraska courses will now expire 4 years after the approval date. Beginning January 1, 2019, an approved course for CE shall be for a four year period. Any course approved prior to January 1, 2019 shall expire January 1, 2020 or four years after the approval date, whichever is later.
The process for accrediting Florida instructors has changed. Instructors now need to be “registered” in Florida instead of going through an application and qualification process. Unfortunately, the registration process does still require the submission of SSN’s and DOB and basic demographic information.
Once submitted, the instructor will be issued a an instructor ID number from the State. The instructor ID is required when conducting a CE program as it is used for course offering and certificates.
Instructors are no longer approved for specific course authorities. The responsibility has been placed on the CE provider to determine if the instructor is qualified to present each topic.
Conferences are excluded from this instructor requirement.
LINK to the Florida Division of Insurance for submitting instructor applications.
Beginning July 1, 2019, the MCLE Board will collect information on individual attorney’s course attendance data. PCAM’s attendance pages will be modified to collect this information. That means that each CLE provider will need to input into PCAM information about each Illinois-licensed attorney participating in a course or activity, including the attorney’s Illinois registration number (known as ARDC number), number of general hours and number of specific professional responsibility credits earned.
If an attorney is audited, the Board will have the attorney’s course attendance information directly from course providers. We anticipate that this information will make the audit process more streamlined for attorneys, course providers and the Board.
What does this mean for future CLE programs: Illinois Attorneys will be REQUIRED to provide their license numbers so that the CLE provider can report this information to the MCLE Board.