1. (a) For the purpose of administration of the Act:

   1. (1) the phrase "undisputed and/or uncontested losses" as used in the Act, §1(b)(4), means "losses that do not involve negotiations between the parties on issues involving coverage, damage, or liability";
   2. (2) the word "principally" as used in the Act, §10(a)(1), is interpreted to mean "regularly" as used elsewhere in the Act;
   3. (3) the word "regularly" means "acting in the capacity of an adjuster as a routine part of established employment duties."
2. (b) Public adjusters are not subject to licensing under the Act, as they do not regularly investigate, adjust, or supervise losses on behalf of an insurer or a self-insured.
3. (c) Marine surveyors, as usually and customarily defined, are not subject to licensing under the Act, unless they regularly investigate, adjust, or supervise losses on behalf of an insurer or self-insured.
4. (d) The State Board of Insurance recognizes that certain risks are commonly referred to as "self-insured" or "self-handlers" in reference to insurance claims and losses. For the purposes of administration of the Act and in reference to those entities operating as such, the State Board of Insurance interprets that any individual specifically employed for the purpose of supervision, investigation, or adjusting of losses is subject to the provisions of the Act, and the individual or individuals who have the primary responsibility for the supervision, investigation, or adjustment of losses is subject to the provisions of the Act.

Source Note:The provisions of this §19.603 adopted to be effective January 1, 1976; amended to be effective December 24, 1982, 7 TexReg 4318.