1. (a) This part shall apply to all applicants for license as a limited adjuster on and after the effective date of this part.

2. (b) Exemptions. This part shall not be applicable to, and no limited adjuster license shall be required of:

   1. (1) Third-party administrators registered with the State Insurance Department or exempted from the provisions of Arkansas Code § 23-92-201 et seq.;
   2. (2) Valid ERISA-qualified or ERISA-exempt self-insured trusts, plans, METs, or MEWAs or their third-party administrators;

   3. (3) Self-insured plans, policies, or contracts of the State of Arkansas or any of its political subdivisions, including:

      1. (A) Counties;
      2. (B) State agencies;
      3. (C) Boards and commissions;
      4. (D) Cities;
      5. (E) Municipalities;
      6. (F) School districts; and
      7. (G) Improvement or other districts, including any administered by a local trade association or organization;
   4. (4) Self-insured plans administered or regulated by or under the statutory jurisdiction of any other state agency, board, or commission or of the federal government;

   5. (5) Public adjusters who represent insureds or claimants under insured/self-insured policies or contracts, including public adjusters licensed in another:

      1. (A) State;
      2. (B) Country; or
      3. (C) Territory;
   6. (6) Adjusters as independent contractors who are licensed by the commissioner to represent insurance companies or who are otherwise exempted from such licensure under Arkansas Code § 23-64-101 et seq., or other Arkansas laws;
   7. (7) Attorneys at law and other licensed legal representatives of the insurance company, self-insured, insured, or claimant under a policy or contract; and
   8. (8) Salaried and/or commissioned employees of insurers, HMOs, or other department licensees who adjust or settle claims for their employers.

Codification Notes: "ERISA" refers to the Employment Retirement Income Security Act of 1974 which is codified at 29 U.S.C. § 1001 et seq. "HMO" means health maintenance organization. "MET" means multiple employer trust. "MEWA" means multiple employer welfare arrangement.