11 NCAC 06A .0906         FINGERPRINTS REQUIRED FOR CRIMINAL RECORD CHECKS

(a)  An applicant for a resident public adjuster license shall furnish the Commissioner with a complete set of the applicant's fingerprints as authorized by G.S. 58-33A-15.  An applicant for a public adjuster license includes:

(1)           An applicant for an initial resident public adjuster license;

(2)           A non-resident public adjuster applying for a resident public adjuster license;

(3)           A resident public adjuster license applicant applying for reinstatement of license that has been lapsed for more than one year;

(4)           A resident public adjuster license applicant whose license has been suspended or revoked for non-payment of child support pursuant to G.S. 110-142.1; or

(5)           An owner, partner, officer manager, or director of a business entity, or member or manager of a limited liability company applying for a resident public adjuster business entity license.

(b)  As authorized by G.S. 58-33A-15, fingerprints shall be furnished in the following manner:

(1)           Each resident public adjuster license applicant who is required to submit fingerprints under G.S. 58-33A-15 shall have a complete set of their fingerprints electronically captured by a criminal law enforcement agency approved by State Bureau of Investigation (SBI) to submit fingerprints via electronic means;

(2)           Each resident public adjuster license applicant who is required to submit fingerprints under G.S. 58-33A-15 shall submit with the public adjuster license application the Electronic Fingerprint Submission Release of Information Form that has been completed and certified by a law enforcement officer that the applicant's fingerprints have been submitted via electronic means to the SBI;

(3)           Each resident public adjuster license applicant who is required to submit fingerprints under G.S. 58-33A-15 shall submit with the public adjuster license application the Authority For Release Of Information form required by the SBI to release the criminal history record check information to the Department;

(4)           Each resident public adjuster license applicant who is required to submit fingerprints under G.S. 58-33A-15 shall submit with the public adjuster license application the cost for the state and national criminal history record fee that is set forth pursuant to G.S. 114-19.1(a); and

(5)           All fingerprint impressions must be suitable for use by the SBI to conduct a state criminal history record check and for the Federal Bureau of Investigations (FBI) to conduct a national criminal history record check.  If the SBI deems the electronic fingerprints are not suitable, the Commissioner shall notify and provide instructions to the applicant to resubmit his fingerprints in the manner set forth in Subparagraph (1) of this Paragraph within 30 days.

(c)  The application of a resident public adjuster required to submit fingerprints is not be complete until the Department receives the state and national criminal history record information.  In accordance with G.S. 58-33A-20(c), the Commissioner shall not issue the license of a public adjuster that does not satisfy the license application requirements.

History Note:        Authority G.S. 58-2-40; 58-33A-15; 58-33A-20;

Eff. October 1, 2010.