S.C. Code Ann. § 38-91-60: Adjusters; licensure qualifications; examinations; fingerprints; business entities; home state.
Where this section sits in the code
- Title 38 - INSURANCE
- CHAPTER 91 Insurance Adjusters
(A) Before issuing an adjuster license to an applicant pursuant to this chapter the director must find that the applicant:
(1) is eligible to designate this State as his home state;
(2) has not committed any act that is grounds for denial, suspension, or revocation of a license pursuant to this chapter;
(3) has submitted the proper fees required by Section 38-91-20; and
(4) has submitted or transmitted to the director the appropriate completed application for licensure.
(B) In addition to satisfying the requirements of subsection (A), an individual must:
(1) be at least eighteen years of age;
(2) be a person of good moral character and has not been convicted of a felony or any act within the last ten years that is a ground for denial, suspension, or revocation as provided for in Section 38-91-120 or been convicted of a misdemeanor involving dishonesty, breach of trust, or other financial or insurance-related crime within five years;
(3) have successfully passed the adjuster examination required by Section 38-91-70 unless exempted pursuant to Section 38-91-80; and
(4)(a) furnish a complete set of his fingerprints and the required fees and information in accordance with this subsection to the director. Failure to furnish the complete set of fingerprints and required fees constitutes grounds for denial of an application for licensure. However, the director may waive the fingerprinting requirements if it is impossible for the applicant to provide fingerprints due to a medically-certified physical injury; and
(b) undergo a state criminal records check, supported by his fingerprints, by the South Carolina Law Enforcement Division (SLED) and a national criminal records check, supported by his fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal record checks must be reported to the department. SLED is authorized to retain the fingerprints for use in identification purposes including, but not limited to, unsolved latent prints. T he cost associated with the criminal history record checks must be borne by the applicant. The applicant's fingerprints must be certified by a law enforcement officer authorized by SLED.
(C) In addition to satisfying the requirements of subsection (A), a business entity must:
(1) designate a licensed individual adjuster responsible for the business entity's compliance with the insurance laws, rules, and regulations of this State and for adjusting losses on behalf of the entity;
(2) maintain an office in the home state of residence with public access by reasonable appointment or regular business hours; and
(3) provide a listing of all executive officers and directors of the applicant and of all executive officers and directors of entities controlling and any individuals controlling, directly or indirectly, ten percent or more of the outstanding voting securities of the applicant. In order to make a determination of eligibility for licensure, the director may require any person listed pursuant to this section to submit addresses, criminal and administrative history, fingerprints, background checks, and biographical statements or affidavits.
(D) A nonresident who is not eligible for a license pursuant to Section 38-91-50 may designate South Carolina as his home state and apply for licensure as a resident adjuster. Such person is required to successfully pass the adjuster examination and comply with the other provisions of this chapter applicable to residents of this State.
(E) The director may require any documents reasonably necessary to verify the information contained in the application for licensure including, but not limited to, a driver's license.
Collected 2026-10-25T03:48:25Z. Source file · JSON