Arkansas has released it’s update to RULE 50 which governs the continuing education requirements for adjusters. The requirements are 24hrs/2yrs with 3 of those hrs in Ethics. Most notable is that the requirement does not apply to Staff Adjusters, only Independent & Public Adjusters.
Below is an exerpt from the rules for Exemptions and Educational Requirements:
SECTION 3 EXEMPTIONS
A. This Rule shall not apply to the following individuals:
1. Individuals holding licenses for which an examination is not required;
2. Company employed adjusters and limited adjusters as defined in Rule and Regulation 68;
3. Any limited or restricted license the Commissioner may exempt;
4. Any individual, licensed as a resident producer prior to July 1, 2003, who is at least sixty (60) years of age;
5. Any individual, licensed as a resident producer prior to July 1, 2003, who has held a license as a producer, insurance consultant or broker for a period of at least fifteen (15) consecutive years;
6. Third-party administrators who do not solicit business;
7. Non-resident producers, non-resident consultants, and/or non-resident adjusters, unless the home state does not have any comparable continuing education requirements;
8. Licensed insurance consultants;
9. Any producer or adjuster called to active duty in any branch of the United States military services including, but not limited to, the United States Coast Guard and Reserves, during the entire period of active duty service;
10. The exceptions contained in Subsections (A)(4) and (5) of this Section are no longer applicable to insurance producers who became resident licensees after July 1, 2003, or insurance producers who have let their Arkansas producer license lapse and have become re-licensed, or to title insurance agents; and
11. Individuals (or an appointed guardian or person with an appropriately worded power of attorney) with grave or debilitating illnesses or injuries may request an extension for no more than twelve (12) months, for completion of the CE hours required for a particular licensing renewal period. The request must be accompanied by a written doctor’s statement confirming the medical history and a medical estimate as to how long the individual will be unable to function normally enough to complete the rule requirements. The request from the producer must include his/her mail or electronic mail note that he/she is voluntarily waiving the private or confidential nature of the illness or injury in order to qualify for this extension. With similar documentation, including a signed note from the attending physician and a privacy waiver from and signed by the patient, producers (or the relative’s appointed guardian or person with an appropriately worded power of attorney) may also file for an extension due to the terminal or debilitating illness of a grandparent, parent, spouse, sibling, or child. The Commissioner has discretion to grant such time extensions for good cause under Ark. Code Ann. § 23-64-304(b), but only up to one (1) year; and may deny requests from anyone failing, or who has in the past failed, to comply with Arkansas laws or rules, or failed to comply within any extended time period granted by the Commissioner under this subsection.
SECTION 4. EDUCATIONAL REQUIREMENTS
A. Number of Course Hours
1. Upon the effective date of this Rule, any non-exempt persons licensed as producers shall, biennially on or before their birthdays, satisfactorily complete a minimum of twenty-four (24) hours of continuing education instruction approved by the Commissioner, which must include at least three (3) hours of ethics in each two year license renewal cycle, if the individual is licensed to sell:
a. Life insurance;
b. Accident and health or sickness insurance;
c. Property insurance;
d. Casualty insurance;
e. Variable products insurance; or
f. Personal lines insurance.
2. Upon the effective date of this Rule, any person who holds an adjuster license shall satisfactorily complete a minimum of twenty-four (24) hours of continuing education instruction approved by the Commissioner, which must include three (3) hours of ethics in each two year license renewal cycle. This provision shall not apply to:
a. An adjuster that is licensed in another state;
b. The licensing state requires continuing education; and
c. The adjuster has satisfied the continuing education requirements of the licensing state.
3. If a person is a non-exempt producer required to obtain continuing education under this Section and a licensed adjuster, that person shall be required to meet the continuing education requirements of both licenses.
4. The continuing education requirements in this section do not apply to title insurance agents. License renewal and continuing education requirements for title insurance agents are governed by Rule 87.
B. Biennial Licensing Period
1. Effective until January 1, 2011, all initial licensees and all renewal licensees for the above-referenced licensees will continue to be issued on an annual basis, with the continuing education requirements of eight (8) or ten (10) hours due annually.
2. Effective January 1, 2011, continuing education will be due biennially under the following schedule:
a. For existing individual licensees born in odd-numbered years, a two-year license will be issued for the 2011 renewal on the licensee’s birth date, and renewed biennially thereafter. Twelve hours (12) of continuing education, which must include two hours of ethics, must be completed prior to the licensee’s renewal in 2011. Beginning in 2013, the continuing education requirements of twenty-four (24) hours, which must include three (3) hours of ethics, will be due at each two year license renewal cycle based on the licensee’s birth date. The first continuing education requirement of twenty-four (24) hours, which must include three (3) hours of ethics, is due by the expiration/renewal birth date in 2013, and at each subsequent two year license renewal.
b. For existing individual licensees born in even-numbered years, a one-year license will be issued for the 2011 renewal on the licensee’s birth date. Resident producers and adjusters will be required to have twelve (12) hours of continuing education, which must include two (2) hours of ethics, due for license renewal in 2012. Beginning in 2012, these licensees will renew their licenses for a two-year period and renew biennially on their birth date thereafter. The continuing education requirement of twenty-four (24) hours, which must include three (3) hours of ethics, will be due at the first two year license renewal cycle based on the licensee’s birth date in 2014 and biennially on the birth date thereafter.
c. For new individual licensees issued in 2011 and subsequent years, license renewal periods will not be based on birth year. The initial license will be issued for a two-year period and renewed biennially on the licensee’s birth date thereafter. The continuing education requirements of twenty-four (24) hours, which must include three (3) hours of ethics, will be due at each two year license renewal cycle.
d. The continuing education requirements for resident adjusters and for those non-residents who have qualified for an Arkansas Adjuster license by taking the Arkansas adjuster exam will be 24 hours every two years of which 3 hours must be ethics. The requirement for adjusters to complete continuing education on or before their birthday will start January 1, 2012. Non-residents who have qualified by being licensed as an adjuster in their home state are exempt from continuing education requirements.