1. (a) This section states certain legal and ethical requirements that are of prime importance for public insurance adjusters' professional conduct. This section does not exhaust the legal or ethical requirements that govern public insurance adjusters.

2. (b) All public insurance adjuster licensees shall comply with the following requirements:

   1. (1) Licensees shall conduct business with their clients, insurance companies, and the public, in a spirit of fairness and justice.
   2. (2) Licensees shall not employ any improper solicitation which would violate Insurance Code Article 21.07-5 or this subchapter.
   3. (3) Licensees shall not make a misrepresentation, in violation of Insurance Code Article 21.07-5, §23(m)(1), to an insured or to an insurance company in the conduct of their actions as a public insurance adjuster.
   4. (4) Licensees shall charge only commissions and fees which are in compliance with the requirements set forth in Insurance Code Article 21.07-5 and this subchapter.
   5. (5) Licensees shall complete continuing education as required by Insurance Code Article 21.07-5 and this subchapter.
   6. (6) Licensees shall have appropriate knowledge and experience for the work they undertake and should obtain competent technical assistance, when necessary, to help handle claims and losses outside their area of expertise.
   7. (7) Licensees shall not engage in the unauthorized practice of law.
   8. (8) Licensees shall avoid situations of conflict of interest, including acquiring any interest in salvaged property or participating in any way, directly or indirectly, in the reconstruction, repair or restoration of damaged property that is the subject of a claim adjusted by the licensee, except as allowed in Insurance Code Article 21.07-5 and this subchapter.
   9. (9) Licensees shall not disseminate or use any form of agreement, advertising, or other communication, regardless of format or medium, in this state that is harmful to the profession of public insurance adjusting and that does not comply with Insurance Code Article 21.07-5, this subchapter or other provisions of the Insurance Code.
   10. (10) Licensees shall use only contracts that comply with Insurance Code Article 21.07-5 and this subchapter.

Source Note:The provisions of this §19.713 adopted to be effective September 9, 2004, 29 TexReg 8559.