AB357,5,6 (d) The individual maintains a home office in the individual's state of residence and is available to the public at that office through reasonable appointment hours or regular business hours.

AB357,5,7 (e) The individual is at least 18 years of age.

AB357,5,8 (f) The individual meets the requirement of s. 629.03.

AB357,5,11 (g) The individual supplies a bond that meets specifications established by the commissioner to guarantee faithful performance of the individual's duties and obligations as a public adjuster.

AB357,5,15 (h) If the individual is not a resident of this state, the individual agrees to be subject to the jurisdiction of the commissioner and the courts of this state and to the commissioner's rules and orders with service of process as provided under ss. 601.72 and 601.73.

AB357,5,17 (3) Exceptions. Subsection (1) does not apply to any of the following individuals:

AB357,5,19 (a) An attorney admitted to practice in this state while acting in the professional capacity as an attorney.

AB357,5,21 (b) An individual who negotiates or settles claims arising under a life or disability insurance policy or an annuity contract.

AB357,5,24 (c) An individual employed solely for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a public adjuster, including a photographer, estimator, private investigator, engineer, or handwriting expert.

AB357,5,25 (d) An individual who settles subrogation claims between insurers.

AB357,6,2 (e) An individual who is licensed as an intermediary under s. 628.04 or 628.09 while acting in the professional capacity as an intermediary.

AB357,6,10 (4) Renewal. A registration under sub. (2) shall remain in effect for 2 years from the date of issuance, unless it is revoked or suspended by the commissioner under s. 629.13. An individual may renew a registration by submitting, prior to the registration's expiration date, a request for renewal to the commissioner in the form prescribed by the commissioner. The request shall include evidence of compliance with s. 629.11 and payment of the fee under s. 601.31 (1) (zb). An individual who fails to renew a registration prior to the expiration date may reapply for registration under sub. (2).

AB357,6,17 629.03 Examination. (1) Prior to the commissioner approving an individual's registration under s. 629.02 (2), the individual shall pass a written examination that tests knowledge of the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state. The examination shall be conducted as prescribed by the commissioner and require payment of the fee under s. 601.31 (1) (zc). The commissioner may contract with an outside testing service for administering the examination and collecting the fee.

AB357,6,23 (2) An individual who is not a resident of this state and who is a licensed or registered public adjuster in the individual's state of residence and was required to pass a written examination to obtain that license or registration may request the commissioner to accept proof of the examination's passage as fulfilling the requirement under sub. (1). The commissioner may approve the request if the individual's license or registration in that state is in good standing.

AB357,7,3 629.04 Contract requirements. (1) A public adjuster may not perform any adjusting service for an insured prior to entering into a contract with the insured. The contract shall be in writing, be titled “Public Adjuster Contract,” and be on a form filed with the commissioner under s. 631.20 (1m). The contract shall include all of the following:

AB357,7,6 (a) The public adjuster's full name, state of residence, permanent principal business street address, telephone number, and registration number assigned by the commissioner.

AB357,7,7 (b) The insured's full name, street address, insurer name, and policy number.

AB357,7,8 (c) A description of the loss and its location.

AB357,7,10 (d) The date and time the contract was signed by the public adjuster and the insured.

AB357,7,12 (e) An attestation by the public adjuster that he or she is fully bonded pursuant to state law.

AB357,7,14 (f) A disclosure of the compensation the public adjuster is to receive in accordance with s. 629.05.

AB357,7,16 (g) A provision allowing the insured to void the contract in accordance with sub. (3).

AB357,7,18 (h) A statement that the contract shall constitute the entire agreement between the public adjuster and the insured.

AB357,7,20 (2) A contract under sub. (1) may not require the insured to do any of the following:

AB357,7,21 (a) Authorize an insurer to issue a check only in the name of the public adjuster.

AB357,7,22 (b) Pay collection costs or a late fee to the public adjuster.

AB357,7,24 (c) Limit the insured's right to pursue any civil remedy against the public adjuster.

AB357,8,11 (3) At the insured's option, the insured may void a contract under sub. (1) no later than 5 business days after the contract's execution, except that the insured may void a contract no later than 10 business days after execution if the contract is executed no later than 5 business days after conclusion of the loss-producing occurrence. The insured may void the contract by sending notice by registered or certified mail, return receipt requested, to the public adjuster at the address on the contract or by personally serving notice on the public adjuster at the place of business identified on the contract. The public adjuster shall return anything of value provided under the contract by the insured no later than 15 business days following receipt of the notice. Nothing in this subsection prevents an insured from pursuing any civil remedy against a public adjuster.

AB357,8,14 (4) A contract under sub. (1) shall be executed in duplicate with an original provided to the public adjuster and to the insured. The public adjuster shall make the contract available to the commissioner at all times for inspection without notice.