USA Statutes : nevada
Title : Title 57 - INSURANCE
Chapter : CHAPTER 684B - APPRAISERS OF PHYSICAL DAMAGE TO MOTOR VEHICLES
As used in this Code “motor vehicle physical damage appraiser” means any
person, partnership, association or corporation who, for a separate fee,
practices as a business the appraising of damages to motor vehicles
insured under automobile physical damage policies or on behalf of
third-party claimants.
(Added to NRS by 1971, 1669)
1. No person may act as a motor vehicle physical damage appraiser
for motor vehicle physical damage claims on behalf of any insurance
company or business organization engaged in the adjustment or appraisal
of motor vehicle claims unless he has:
(a) Secured a license from the Commissioner.
(b) Paid the applicable license fee.
2. Any person who has been engaged in the business as a motor
vehicle physical damage appraiser for a period of 2 consecutive years
immediately before January 1, 1972, is entitled to a license upon
application to the Commissioner without further qualification.
3. The provisions of this section do not apply to:
(a) A licensed insurance adjuster.
(b) An employee of any authorized insurer, motor club, motor
vehicle dealer or automobile body repair shop.
4. A person who acts as a motor vehicle physical damage appraiser
in this state without a license, unless exempt under subsection 3, is
subject to an administrative fine of not more than $1,000 for each
violation.
(Added to NRS by 1971, 1669; A 2001, 2212 )
1. Before the issuance of a motor vehicle physical damage
appraiser’s license the applicant shall file with the Commissioner, and
thereafter maintain in force while so licensed, a surety bond in the
amount of $2,500 in favor of the people of the State of Nevada, executed
by an authorized surety insurer approved by the Commissioner, and
conditioned for the faithful performance of required duties.
2. The bond shall remain in force until the surety is released
from liability by the Commissioner, or until cancelled by the surety.
Without prejudice to any prior liability accrued, the surety may cancel
the bond upon 30 days’ advance written notice filed with the Commissioner.
(Added to NRS by 1971, 1669)
[Effective until
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. An applicant for a license as a motor vehicle physical damage
appraiser must file a written application therefor with the Commissioner
on forms prescribed and furnished by the Commissioner. The applicant must
furnish information as to his identity, personal history, experience,
financial responsibility, business record and other pertinent matters as
reasonably required by the Commissioner to determine the applicant’s
eligibility and qualifications for the license.
2. If the applicant is a natural person, the application must
include the social security number of the applicant.
3. If the applicant is a business organization, the application
must include the names of all members, officers and directors, and must
designate each natural person who is to exercise the licensee’s powers. A
natural person who is authorized to act for a business organization and
who also wishes to be licensed in an individual capacity must obtain a
separate license in his own name.
4. The application must be accompanied by the applicable license
fee. The Commissioner shall charge a separate fee for each person
authorized to act for a business organization.
5. An applicant for a license who desires to use a name other than
his true name must comply with the provisions of NRS 683A.301 . The Commissioner shall not issue a license
in a trade name unless the name has been registered pursuant to NRS
600.240 to 600.450 , inclusive.
6. An applicant for a license shall not willfully misrepresent or
withhold any fact or information called for in the application form or in
connection with his application. A violation of this subsection is a
gross misdemeanor.
(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193;
2001, 2213 )
[Effective on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for a license as a motor vehicle physical damage
appraiser shall file a written application therefor with the Commissioner
on forms prescribed and furnished by the Commissioner. The applicant
shall furnish information as to his identity, personal history,
experience, financial responsibility, business record and other pertinent
matters as reasonably required by the Commissioner to determine the
applicant’s eligibility and qualifications for the license.
2. If the applicant is a business organization, the application
must show the names of all members, officers and directors, and must
designate each natural person who is to exercise the licensee’s powers. A
natural person who is authorized to act for a business organization and
who also wishes to be licensed in an individual capacity must obtain a
separate license in his own name.
3. The application must be accompanied by the applicable license
fee. The Commissioner shall charge a separate fee for each person
authorized to act for a business organization.
4. An applicant for a license who desires to use a name other than
his true name must comply with the provisions of NRS 683A.301 . The Commissioner shall not issue a license
in a trade name unless the name has been registered pursuant to NRS
600.240 to 600.450 , inclusive.
5. An applicant for a license shall not willfully misrepresent or
withhold any fact or information called for in the application form or in
connection with his application. A violation of this subsection is a
gross misdemeanor.
(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193;
2001, 2213 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
No examination of an
applicant for a license as a motor vehicle physical damage appraiser
shall be required by the Commissioner.
(Added to NRS by 1971, 1670)
1. If the Commissioner finds that the application is complete and
the applicant is otherwise eligible and qualified for the license as a
motor vehicle physical damage appraiser, the Commissioner shall promptly
issue the license. If the Commissioner refuses to issue the license he
shall promptly notify the applicant in writing of the refusal, stating
the grounds for the refusal.
2. If the license is refused, the Commissioner shall promptly
refund to the applicant the license fee tendered with the application.
(Added to NRS by 1971, 1670; A 1987, 152)
The Commissioner shall
prescribe the form of the motor vehicle physical damage appraiser
license, which must state:
1. The licensee’s name and business address;
2. The date of issuance and the general conditions as to
expiration and termination of the license;
3. That the bond required by NRS 684B.030 has been filed; and
4. Such other conditions as the Commissioner deems proper.
(Added to NRS by 1971, 1670; A 1987, 153)
[Effective until
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Each license issued under this chapter continues in force for 3
years unless it is suspended, revoked or otherwise terminated. A license
may be renewed upon payment of the applicable fee for renewal to the
Commissioner and submission of the statement required pursuant to NRS
684B.083 if the licensee is a natural
person. The statement, if required, must be submitted and the fee must be
paid on or before the last day of the month in which the license is
renewable.
2. Any license not so renewed expires at midnight on the last day
specified for its renewal. The Commissioner may accept a request for
renewal received by him within 30 days after the expiration of the
license if the request is accompanied by a fee for renewal of 150 percent
of the fee otherwise required and the statement required pursuant to NRS
684B.083 if the person requesting
renewal is a natural person.
(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997,
2194)
[Effective on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. Each license issued under this chapter continues in force for 3
years unless it is suspended, revoked or otherwise terminated. A license
may be renewed upon payment of the applicable fee for renewal to the
Commissioner. The fee must be paid on or before the last day of the month
in which the license is renewable.
2. Any license not so renewed expires at midnight on the last day
specified for its renewal. The Commissioner may accept a request for
renewal received by him within 30 days after the expiration of the
license if the request is accompanied by a fee for renewal of 150 percent
of the fee otherwise required.
(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997,
2194, effective on the date of the repeal of the federal law requiring
each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
license as a motor vehicle physical damage appraiser shall submit to the
Commissioner the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Commissioner shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Commissioner.
3. A license as a motor vehicle physical damage appraiser may not
be issued or renewed by the Commissioner if the applicant is a natural
person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Commissioner
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2192)
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Commissioner receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license as a motor vehicle physical damage appraiser, the
Commissioner shall deem the license issued to that person to be suspended
at the end of the 30th day after the date on which the court order was
issued unless the Commissioner receives a letter issued to the holder of
the license by the district attorney or other public agency pursuant to
NRS 425.550 stating that the holder of
the license has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560 .
2. The Commissioner shall reinstate a license as a motor vehicle
physical damage appraiser that has been suspended by a district court
pursuant to NRS 425.540 if the
Commissioner receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose license was suspended stating that the person whose
license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2193)
1. Every motor vehicle physical damage appraiser shall have and
maintain in this state a place of business accessible to the public and
from which the licensee principally conducts transactions under his
license. The address of such place shall appear upon the application for
a license and upon the license, when issued, and the licensee shall
promptly notify the Commissioner in writing of any change thereof.
Nothing in this section shall prohibit the maintenance of such place in
the licensee’s residence in this state.
2. The license of the licensee shall be conspicuously displayed in
such place of business in a part thereof customarily open to the public.
(Added to NRS by 1971, 1671)
1. Each motor vehicle physical damage appraiser shall keep at his
business address shown on his license a record of all transactions under
the license.
2. The record shall include:
(a) A copy of all appraisals undertaken.
(b) A statement of any fee, commission or other compensation
received or to be received by the appraiser on account of such appraisal.
3. The appraiser shall make such records available for examination
by the Commissioner at all times, and shall retain the records for at
least 3 years.
(Added to NRS by 1971, 1671)
1. The Commissioner may suspend, revoke, limit or refuse to
continue any motor vehicle physical damage appraiser’s license:
(a) For any cause specified in any other provision of this chapter;
(b) For any such applicable cause as for revocation of the license
of a producer of insurance under NRS 683A.451 ; or
(c) If the licensee has for compensation represented or attempted
to represent both the insurer and the insured in the same transaction.
2. The license of a business organization may be suspended,
revoked, limited or continuation refused for any cause which relates to
any individual designated in or with respect to the license to exercise
its powers.
3. The holder of any license which has been suspended or revoked
shall forthwith surrender the license to the Commissioner.
(Added to NRS by 1971, 1671; A 2001, 2213 )
NRS 683A.451 ,
683A.461 and 683A.480 also apply to suspension, revocation,
limitation or refusal to continue motor vehicle physical damage
appraiser’s licenses, except where in conflict with the express
provisions of this chapter.
(Added to NRS by 1971, 1672; A 2001, 2214 )
Every order suspending any
license shall specify the period during which the suspension shall be
effective, which period shall in no event exceed 12 months.
(Added to NRS by 1971, 1672)
1. In addition to or in lieu of the suspension, revocation or
refusal to renew any motor vehicle physical damage appraiser’s license
for any of the causes referred to in NRS 684B.110 (suspension, limitation, revocation of
license: Grounds), after hearing thereon or upon waiver of hearing by the
licensee, the Commissioner may levy upon the licensee an administrative
fine in any amount not less than $25 nor more than $250.
2. In his order levying the fine the Commissioner shall specify a
period of not less than 15 days nor more than 30 days from the date of
the order within which the fine shall be paid in full.
3. If the fine is not paid when due, the Commissioner shall revoke
the license involved, if not already revoked, and the fine shall be
recovered in a civil action brought by the Attorney General in the
Commissioner’s behalf.
4. The Commissioner shall deposit any fine collected by him
hereunder with the State Treasurer for credit to the General Fund.
(Added to NRS by 1971, 1672)
1. Upon the hearing of an appeal from the Commissioner’s order
suspending, revoking or refusing to continue any license issued under the
provisions of this chapter, the court, if it finds that the licensee is
guilty of a violation of the law, and if it deems the suspension,
revocation or refusal too severe a penalty under the facts as found, may
impose a fine of not more than $500 in lieu thereof. Payment of the fine
within 10 days thereafter shall reinstate, restore or continue the
license.
2. If it appears that a license of the licensee has theretofore
been suspended, revoked or refused for a similar offense, the court shall
not have jurisdiction to impose a fine in lieu of the action required by
the order appealed from.
(Added to NRS by 1971, 1672)
