PUBLIC ADJUSTERS

RSA tit. XXXVII, ch. 402-D

in effect

RSA 402-D:1 Purpose and Scope.

402-D:1. Purpose and Scope. This chapter governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:2 Definitions.

402-D:2. Definitions. In this chapter: I. "Commissioner" means the insurance commissioner. I-a. "Home state" means the District of Columbia and any state or territory of the United States in which a licensee maintains his or her principal place of residence or principal place of business and is licensed to act as a public adjuster. II. "Person" means a natural person. III. "Public adjuster" means any person who, on behalf of an insured: (a) Directly or indirectly solicits from the insured or his or her representative the authority to act for the insured to settle or negotiate settlement or appraisal of a loss under a fire insurance or homeowner's insurance policy and who so acts for a fee or compensation from a person other than an insurer; (b) Acts or aids, solely in relation to first party claims arising under a fire insurance or homeowner's insurance policy, on behalf of an insured person or business entity in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract; (c) Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first party insurance claims for losses or damages arising out of fire insurance or homeowner's insurance policies; or (d) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of fire or homeowner's insurance for another person engaged in the business of adjusting losses or damages covered by an insurance policy. IV. "Uniform individual application" means the current version of the National Association of Insurance Commissioners (NAIC) Uniform Individual Application for resident and nonresident persons. Source. 2006, 9:1. 2008, 18:10, eff. July 11, 2008.

RSA 402-D:3 License Required.

402-D:3. License Required. I. A person shall not act or hold himself or herself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter. II. A person licensed as a public adjuster shall not represent or act as an adjuster licensed pursuant to RSA 402-B and representing an insurer in any capacity, including acting as an employee of the insurer or as an insurance claims adjuster. III. A license as a public adjuster shall not be required of the following: (a) An attorney-at-law admitted to practice in this state, when acting in his or her professional capacity as an attorney; (b) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers, and handwriting experts; (c) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; or (d) A person who settles subrogation claims between insurers. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:4 Application for License.

402-D:4. Application for License. I. A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner. II. The applicant shall declare under penalty of perjury and under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief. III. The commissioner shall review each application and may conduct an investigation on each applicant in accordance with this chapter. IV. The commissioner is authorized to request and receive, in connection with an application for a license hereunder, criminal history record information from the department of safety, division of state police or the department of justice, and the Federal Bureau of Investigation. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:5 Resident License.

402-D:5. Resident License. I. Before issuing a public adjuster license to an applicant under this section, the commissioner shall find that the applicant: (a) Is eligible to designate this state as his or her home state or is a nonresident who is not eligible for a license under RSA 402-D:8. [Paragraph I(b) effective until January 1, 2027; see also paragraph I(b) set out below.] (b) Has not committed any act that is a ground for denial, suspension, or revocation of license set forth in RSA 402-D:10. [Paragraph I(b) effective January 1, 2027; see also paragraph I(b) set out above.] (b) Has not committed any act that is a ground for nonrenewal, suspension, or revocation of license set forth in RSA 402-D:10 which the commissioner determines is against the public interest. (c) Is trustworthy, reliable, and of good reputation, evidence of which may be determined by the commissioner. (d) Is financially responsible to exercise the license and has provided proof of financial responsibility as required in RSA 402-D:11. (e) Has paid the fees set forth in RSA 400-A:29. (f) Maintains an office in this state with public access during regular business hours. (g) Is at least 18 years of age. (h) Has successfully passed the public adjuster examination. (i) Possesses a minimum of 5 years experience in the insurance business, with some of that experience involving claims adjusting, or other experience considered sufficient by the commissioner. II. The commissioner may require any documents reasonably necessary to verify the information contained in the application. [Paragraph I(b) effective until January 1, 2027; see also paragraph I(b) set out below.] [Paragraph I(b) effective January 1, 2027; see also paragraph I(b) set out above.] Source.Source. 2006, 9:1, eff. May 2, 2006. 2026, 218:7, eff. Jan. 1, 2027.

RSA 402-D:6 Examination.

402-D:6. Examination. I. A person applying for a public adjuster license, pursuant to RSA 402-D:4, shall pass a written examination unless exempt pursuant to RSA 402-D:7. The examination shall test the knowledge of the person concerning the duties and responsibilities of an adjuster and the insurance laws and rules of this state. II. The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations. III. An person who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:7 Exemptions From Examination.

402-D:7. Exemptions From Examination. I. A person who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to complete any prelicensing examination. This exemption is only available if the person is currently licensed in that state or if the application is received within 12 months of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in the state or the state's producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicates that the public adjuster is or was licensed in good standing. II. A person licensed as a public adjuster in another state based on a public adjuster examination who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to RSA 402-D:4 and RSA 402-D:5. No prelicensing examination shall be required of that person to obtain a public adjuster license. III. A person who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within 12 months of the cancellation of the applicant's previous license in this state and if, at the time of cancellation, the applicant was in good standing in this state. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:8 Nonresident License; Reciprocity.

402-D:8. Nonresident License; Reciprocity. [Paragraph I(intro. par.) effective until January 1, 2027; see also paragraph I(intro. par.) set out below.] I. Unless denied licensure pursuant to RSA 402-D:10, a nonresident person shall receive a nonresident public adjuster license if: [Paragraph I(intro. par.) effective January 1, 2027; see also paragraph I(intro. par.) set out above.] I. Unless denied licensure pursuant to RSA 402-D:5, I(b), a nonresident person shall receive a nonresident public adjuster license if: (a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state; (b) The person has submitted the proper request for licensure, has paid the fees required by RSA 400-A:29, and has provided proof of financial responsibility as required in RSA 402-D:11; (c) The person has submitted or transmitted to the commissioner the appropriate completed application for licensure; and (d) The person's home state awards non-resident public adjuster licenses to residents of this state on the same basis. II. The commissioner may verify the public adjuster's licensing status through the producer database maintained by the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries. III. As a condition to continuation of a public adjuster license issued under this section, the licensee shall maintain a resident public adjuster license in his or her home state. The non-resident public adjuster license issued under this section shall terminate and be surrendered immediately to the commissioner if the home state public adjuster license terminates for any reason. [Paragraph I(intro. par.) effective until January 1, 2027; see also paragraph I(intro. par.) set out below.] [Paragraph I(intro. par.) effective January 1, 2027; see also paragraph I(intro. par.) set out above.] Source.Source. 2006, 9:1, eff. May 2, 2006. 2026, 218:17, eff. Jan. 1, 2027.

RSA 402-D:9 License.

402-D:9. License. [Paragraph I effective until January 1, 2027; see also paragraph I set out below.] I. Unless denied licensure pursuant to RSA 402-D:10, persons who have met the requirements of RSA 402-D:5 or RSA 402-D:8 shall be issued a public adjuster license. [Paragraph I effective January 1, 2027; see also paragraph I set out above.] I. Unless denied licensure pursuant to RSA 402-D:5, I(b), persons who have met the requirements of RSA 402-D:5 or RSA 402-D:8 shall be issued a public adjuster license. II. A public adjuster license shall remain in effect unless revoked, terminated, or suspended as long as the request for renewal and fee set forth in RSA 400-A:29 is paid and any other requirements for license renewal are met by the due date. III. The licensee shall inform the commissioner by any means acceptable to the commissioner of a change of address, change of legal name, or change of information submitted on the application within 30 days of the change. IV. A licensed public adjuster shall be subject to RSA 417. V. A public adjuster who allows his or her license to lapse may, within 12 months from the due date of the renewal, be issued a new public adjuster license upon the commissioner's receipt of the request for renewal. However, a penalty in the amount of double the unpaid renewal fee shall be required for the issue of the new public adjuster license. The new public adjuster license shall be effective the date the commissioner receives the request or renewal and the late payment penalty. VI. A licensed public adjuster who is unable to comply with license renewal procedures due to military service, a long-term medical disability, or some other extenuating circumstance, may request a waiver of those procedures. The public adjuster may also request a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures. VII. The license shall contain the licensee's name, business street address, mailing address, personal identification number, the date of issuance, the expiration date, and any other information the commissioner deems necessary. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. VIII. In order to assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the NAIC or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees and data, related to licensing that the commissioner may deem appropriate. IX. Unless revoked by the commissioner, the license and any renewal thereof shall expire on October 1 of the second calendar year after its issue. [Paragraph I effective until January 1, 2027; see also paragraph I set out below.] [Paragraph I effective January 1, 2027; see also paragraph I set out above.] Source.Source. 2006, 9:1, eff. May 2, 2006. 2025, 191:15, eff. Sept. 13, 2025. 2026, 218:8, eff. Jan. 1, 2027.

RSA 402-D:10 License Denial, Nonrenewal, or Revocation.

402-D:10. License Denial, Nonrenewal, or Revocation. I. The commissioner may place on probation, suspend, revoke, or refuse to issue or renew a public adjuster's license or may impose an administrative fine in the amount of $2,500 per violation, or impose any combination of actions, after notice and hearing, for any one or more of the following causes: (a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application. (b) Violating any insurance laws, or violating any rule, subpoena, or order of the commissioner or of another state's insurance commissioner. (c) Obtaining or attempting to obtain a license through misrepresentation or fraud. (d) Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing insurance business. (e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance. (f) Having been convicted of a felony. (g) Having admitted or been found to have committed any insurance unfair trade practice or insurance fraud. (h) Using fraudulent, coercive, or dishonest practices; or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this state or elsewhere. (i) Having an insurance license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory. (j) Forging another's name to an application for insurance or to any document related to an insurance transaction. (k) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license. (l) Knowingly accepting insurance business from a person who is not licensed but who is required to be licensed by the commissioner. (m) Failing to comply with an administrative or court order imposing a child support obligation. (n) Paying a commission, service fee, brokerage, or other valuable consideration to a person for investigating or settling claims in this state if that person is required to be licensed under this chapter and is not so licensed. (o) Failing to maintain evidence of financial responsibility as required by RSA 402-D:11. II. A public adjuster may pay or assign commission, service fees, brokerages, or other valuable consideration to persons who do not investigate or settle claims in this state, unless the payment would violate the provisions of RSA 417. A person shall not accept a commission, service fee, brokerage, or other valuable consideration for investigating or settling claims in this state if that person is required to be licensed under this chapter and is not so licensed. III. In the event that the action by the commissioner is to deny an application for or nonrenew a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the non-renewal or denial of the applicant's or licensee's license. The applicant or licensee may make written demand upon the commissioner pursuant to RSA 400-A:17 for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held pursuant to the provisions of RSA 400-A:17. IV. The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title XXXVII against any person who is under investigation for or charged with a violation of this chapter or title XXXVII even if the person's license or registration has been surrendered or has lapsed by operation of law. [RSA 402-D:10 effective until January 1, 2027; see also RSA 402-D:10 set out below.] Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:11 Bond or Letter of Credit.

402-D:11. Bond or Letter of Credit. I. Prior to issuance of a license as a public adjuster, the applicant shall maintain in force evidence of financial responsibility through one of the following: (a) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond: (1) Shall be in the amount of at least $20,000; (2) Shall be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in his or her capacity as a public adjuster; and (3) Shall not be terminated unless at least 30 days prior written notice has been filed with the commissioner and given to the licensee. (b) An irrevocable letter of credit issued by a qualified financial institution, which letter of credit: (1) Shall be in the sum of at least $20,000; and (2) Shall be to an account to the commissioner and subject to lawful levy of execution by any person to whom the public adjuster has been found to be legally liable as the result of erroneous acts, failure to act, fraudulent acts, or unfair practices in his or her capacity as a public adjuster. II. The issuer of such evidence of financial responsibility shall notify the commissioner upon termination of such policy, bond or letter of credit, unless the public adjuster replaces this evidence of financial responsibility and has presented the evidence of such replacement to the existing issue or such instrument. III. The commissioner may ask for the evidence of such financial responsibility at any time the commissioner deems relevant. IV. The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes impaired. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:12 Continuing Education.

402-D:12. Continuing Education. I. A person, who holds a public adjuster license and who is not exempt under paragraph III, shall satisfactorily complete a minimum of 15 hours of continuing education courses, including a minimum of 3 hours of ethics, specifically designed to increase the knowledge of public adjusting duties and responsibilities during each continuing education biennium. II. Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a public adjusters license shall be certified by the insurance department as having completed 15 hours of continuing education. III. This section shall not apply to: (a) Licensees not licensed for one full year prior to the end of the applicable continuing education biennium; and (b) Licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this state on the same basis. IV. Only continuing education courses approved by the commissioner shall be used to satisfy the continuing education requirement of paragraph I. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:13 Contract Between Public Adjuster and Insured.

402-D:13. Contract Between Public Adjuster and Insured. I. The agreement between the public adjuster and the insured shall be in writing and contain the following: (a) Title of "Public Adjuster Contract." (b) Name, business name, telephone number, and business street address of the public adjuster. (c) Name and address of the insured. (d) Description of the loss and its location, if applicable. (e) Name of the insurer and the policy number. (f) Full salary, fee, commission, or other consideration the public adjuster is to receive for services under the contract. (g) Description of services to be provided to the insured. (h) Signatures of the public adjuster and the insured. (i) Date the contract was signed by the public adjuster and date the contract was signed by the insured. (j) Complete identification as to the means by which the public adjuster satisfied RSA 402-D:11. (k) A statement printed in not less than bold, 12-point type, which shall state, in substance: "You have the right, at your option, to rescind this contract at any time within 3 business days after the end of the day you sign it. Should you wish to discuss this matter with the New Hampshire insurance department, it can be reached, toll-free, by dialing 1-800-852-3416." II. A public adjuster contract may not contain any contract term that: (a) Allows the public adjuster's fee to be collected when money is due from an insurance company, but not paid, or that allows a public adjuster to collect the entire fee from the first check issued by an insurance company, rather than as a percentage of each check issued by an insurance company. (b) Requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster. (c) Imposes late fees or collection costs on the insured. (d) Requires the insured to pursue any litigation, arbitration, or dispute resolution process against the adjuster in a venue outside New Hampshire. III. Prior to the signing of the contract the public adjuster shall provide the insured with a separate disclosure document that states: (a) The insured is not required to hire a public adjuster. (b) The insured has the right to communicate directly with the insured's attorney, the insurer, the insurer's adjuster, and the insurer's attorney, or any other person regarding the settlement of the insured's claim. (c) The public adjuster is not a representative or employee of the insurer. (d) The salary, fee, commission, or other consideration is to be paid by the insured, not by the insurer. (e) Complete identification as to the means by which the public adjuster satisfied RSA 402-D:11. IV. The contracts shall be executed in triplicate to provide an original contract to the public adjuster, the insurer, and the insured. The public adjuster's original contract shall be available at all times for inspection without notice by the commissioner. V. The public adjuster shall give the insured written notice of the insured's rights, as follows: (a) The insured has the right to rescind the contract within 3 working days after the date the contract was signed. (b) If the insured exercises the right to rescind the contract, the rescission must be in writing and mailed or delivered to the public adjuster at the address in the contract. (c) If the insured exercises the right to rescind the contract, anything of value given by the insured under the contract will be returned to the insured within 15 business days following the receipt by the public adjuster of the cancellation notice. VI. After the time to rescind has elapsed and within 6 working days after the date the contract is signed, the public adjuster shall give written notice to the insurer, its adjuster, or its attorney that the public adjuster has entered into a written contract with the insured. Source. 2006, 9:1. 2012, 100:2, eff. July 28, 2012. 2025, 191:9, eff. Sept. 13, 2025.

RSA 402-D:14 Approval of Forms.

402-D:14. Approval of Forms. I. No contract in writing for the adjustment or appraisal for any loss shall be made until a copy of the form of such contract has been on file for 30 days with the commissioner, unless before the expiration of that period the commissioner shall have approved the form in writing, provided that the commissioner may disapprove the form within the 30-day period. II. Contracts not containing all of the information required by RSA 402-D:13, I shall be automatically deemed disapproved. Any disapproved contract that is used by a public adjuster in violation of this paragraph shall be voidable by the consumer who signed the contract. III. In the event of disapproval of the form, the commissioner shall notify the public adjuster and shall specify the reasons for the disapproval. The decision to disapprove the form may be appealed in accordance with RSA 541. Source. 2006, 9:1. 2014, 31:4, eff. July 26, 2014.

RSA 402-D:15 Escrow or Trust Accounts.

402-D:15. Escrow or Trust Accounts. I. A public adjuster who receives, accepts, or holds any moneys on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the moneys in an interest bearing escrow or trust account in a financial institution which is insured by an agency of the federal government in their home state. II. All funds held in an escrow or trust account and interest accruing thereon shall be the property of the insured and shall be held pursuant to a written agreement signed by the insured and the public adjuster. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:16 Record Retention.

402-D:16. Record Retention. I. A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include, at a minimum, the following: (a) Name of the insured. (b) Date, location, and amount of the loss. (c) Copy of the contract between the public adjuster and the insured. (d) Name of the insurer, and the amount, expiration date and number of each policy carried with respect to the loss. (e) An itemized statement of the insured's recoveries. (f) An itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss. (g) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fee transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts. (h) Name of the public adjuster who executed the contract. (i) Name of the attorney representing the insured, if applicable, and the name of the claims representative of the insurance company. (j) Evidence that the requirements of RSA 402-D:11 have been satisfied. II. Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times. III. Records submitted to the commissioner in accordance with this section that contain personal identifying information, shall be treated as confidential by the commissioner and shall not be subject to RSA 91-A. However, in order to assist in the performance of the commissioner's duties, the commissioner may share documents, materials, or other information, including the confidential documents, materials, or other information with other state, federal and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality of the information provided. Such parties shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this paragraph, unless the prior written consent of the person to which it pertains has been obtained. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:17 Standards of Conduct of Public Adjuster.

402-D:17. Standards of Conduct of Public Adjuster. I. A public adjuster shall be honest and fair in all communications with the insured, the insurer, and the public. II. A public adjuster shall not solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence, as defined in the insured's insurance contract. III. A public adjuster shall not permit an unlicensed employee or representative of the public adjuster to advertise, engage insureds, furnish reports, or present bills to insureds, or in any manner whatsoever to conduct business for which a license is required under this chapter. IV. A public adjuster shall not have a direct or indirect financial interest in any aspect of the claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured. V. A public adjuster shall not require any interest in salvage of property subject to the contract with the insured unless the public adjuster obtains written permission from the insured after settlement of the claim with the insurer. VI. The public adjuster shall abstain from referring or directing the insured to get needed repairs or services in connection with a loss from any person: (a) With whom the public adjuster has a financial interest; or (b) From whom the public adjuster may receive direct or indirect compensation for the referral. VII. A public adjuster shall not enter into a contract with an insured where the public adjuster knows or should know that the insured will obtain full recovery without the services of an adjuster. VIII. No public adjuster shall have any interest in any construction firm, salvage firm, building appraisal firm, motor vehicle repair shop or any other firm which performs any work in conjunction with damages caused by an insured loss. The word "firm" shall include any corporation, partnership, association, joint stock company, or person. IX. Any compensation or anything of value received by a public adjuster shall be disclosed by such adjuster to the insured in writing including the source and amount of such. X. No public adjuster may employ, be employed by, or be in partnership with or receive or pay any remuneration whatsoever to or from any licensed insurance producer, insurer, or employee of an insurer arising out of the activities as a public adjuster. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:18 Reporting of Actions.

402-D:18. Reporting of Actions. I. The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents. II. Within 30 days of the initial pretrial hearing date, the public adjuster shall report to the commissioner any criminal prosecution of the public adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:19 Additional Penalty.

402-D:19. Additional Penalty. In addition to any of the penalties provided in this chapter, any person who shall act within this state as a public adjuster without being licensed as provided in this chapter shall be guilty of a class A misdemeanor. Any licensee who in the course of his or her work as a public adjuster shall misrepresent his or her identity or the identity of his or her principal or employer, or who shall wrongfully divulge information obtained by him or her in his or her capacity as a public adjuster may be subject to an administrative fine not to exceed $2,500. Additionally, the commissioner may order a refund of any moneys gained or obtained, or restitution of any valuable consideration received. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:20 Rulemaking Authority.

402-D:20. Rulemaking Authority. The commissioner may adopt rules, pursuant to RSA 541-A, as are necessary or proper to carry out the purposes of this chapter. Source. 2006, 9:1, eff. May 2, 2006.

RSA 402-D:21 Severability.

402-D:21. Severability. If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. Source. 2006, 9:1, eff. May 2, 2006.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXVII-402-D.htmFetched: 10/20/2026