Rule Hearing: OIR Intent to Repeal Rules Pertaining to Adjusters

Today, Thursday June 26, 2008, a representative of Colodny Fass attended a Rule Hearing regarding the Florida Office of Insurance Regulation’s (“OIR”) intent to repeal the following Rules from the Florida Administrative Code:

• 69O-220.001: Pre-Qualification and Licensure of Emergency Adjusters
• 69O-220.051: Conduct of Public Adjusters
• 69O-220.201: Ethical Requirements

The OIR contends that the repeal of these Rules clearly would establish the Florida Department of Financial Services (“DFS”) as the administrative agency responsible for regulating those laws addressed by the Rules in question.

When the Department of Insurance (“DOI”) was re-organized into the OIR and the DFS, the regulation of insurance adjusters pursuant to Chapter 626, Part VI, F.S., was assigned to DFS. All DOI rules became rules of either DFS, OIR or both agencies. The rules regulating adjusters, Rule Chapter 4-144, F.A.C. were assigned to both agencies for joint administration.

The OIR has determined that only DFS has regulatory authority over adjusters and therefore, OIR does not have any authority.  Consequently, this OIR Rule Chapter needs to be repealed. DFS actively regulates adjusters and has rules implementing the applicable statutes.

This action is intended to eliminate confusion regarding whether the OIR or the DFS is the responsible regulatory agency regarding these Rules:

1.         Rule 69O-220.001 sets forth the OIR’s policy and procedures for licensure of emergency adjusters under Section 626.874, F.S.  

2.         Rule 69O-220.051 sets forth the OIR’s policy regarding certain matters generally affecting public adjusters.

3.         Rule 69O-220.201 sets forth the various ethical considerations and constraints for various classes of insurance adjusters.

Today’s Rule Hearing was not well attended.  There were no comments or requests made by concerned parties and thus, the hearing was very brief. 

 

Please note that the material above is a brief summary of the discussion and events that took place.  It is not intended to be a comprehensive review of any particular issues relating to the policies and/or programs discussed.  Further, this report should not be relied upon for making any specific decisions.  Should you have any questions about any of the above matters, please do not hesitate to contact this office.  Colodny Fass will continue to follow this and other issues related to OIR actions pertaining to the Rules governing public adjusters and provide information on, and analysis of, those issues and events as they arise.

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