4/25/12 N.Y. St. Reg. DFS-52-11-00019-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 26 (Regulation 25) of Title 11 NYCRR.
Statutory authority:
Financial Services Law, sections 202 and 302; and Insurance Law, sections 301 and 2108
Subject:
Independent Adjusters.
Purpose:
To authorize the licensing of independent adjusters for multi-peril crop insurance.
Text of final rule:
Section 26.3 is hereby amended to add a new subdivision (k) to read as follows:
(k) Independent adjuster, multi-peril crop insurance. The independent adjuster, multi-peril crop insurance, shall have authority to investigate and adjust all claims arising under policies of multi-peril crop insurance that are reinsured by the Risk Management Agency, an agency of the United States Department of Agriculture.
Section 26.4 is hereby amended to add a new subdivision (c) to read as follows:
(c) In order to qualify for a multi-peril crop adjuster's license, an applicant must have received accreditation from the federal Crop Adjuster Proficiency Program, administered by National Crop Insurance Services, Inc.
A new Section 26.7 is promulgated to read as follows:
§ 26.7 Reporting of actions
An adjuster shall report to the superintendent any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter, including decertification or other action related to the adjuster's proficiency to adjust multi-peril crop insurance claims. The report shall include a copy of the order, consent to order and any other relevant legal documents.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 26.4(c).
Text of rule and any required statements and analyses may be obtained from:
David Neustadt, NYS Department of Financial Services, One State Street, New York, NY 10004, (212) 709-1690, email:
david.neustadt@dfs.ny.orgRevised Job Impact Statement
Changes made to the last published rule do not necessitate revision to the previously published JIS. There is only one non-substantive change made to the text of the regulation: the second use of the article “the” is deleted from subdivision (c) of section 26.4.
Assessment of Public Comment
The agency received no public comment.
