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National Association of Public Insurance Adjusters
Constitution and Bylaws as Amended and Revised
June 30, 1995
PREAMBLE
We, the Public Insurance Adjusters of America, in order to establish and maintain the highest professional standards, insure harmonious working relations with one another, promote general welfare, protect our rights and provide means for solving and dealing with our common problems, make this constitution for our Association.
ARTICLE I
NAME
Section 1. The name of the Association shall be the National Association of Public Insurance Adjusters.
ARTICLE II
Section 1. The Association shall be a non-profit organization.
ARTICLE III
Section 1. The objects of the Association are:
(a) To unite the Public Insurance Adjusters in the United States of America for their mutual benefit and protection, and for the benefit and protection of the general public.
(b) To advance and protect the interests of its members, to promote their welfare, and to attain a spirit of helpful assistance and cooperation among its members.
(c) To establish and maintain high standards of professional conduct and efficiency among its members, and to study and assist in carrying out the provisions of all laws and regulations pertaining to Public Insurance Adjusters that may be enacted or formulated by the U.S. Government or by the Legislatures and Insurance Departments of the several States.
ARTICLE IV
SEAL
Section 1. The seal of the Association shall be circular in form, and shall contain on its outer rim the words "National Association of Public Insurance Adjusters", and the center shall display the date and place of organization.
ARTICLE V
Section 1. The term, Public Insurance Adjuster, shall mean any person, firm or corporation who, or which, represents an insured with regard to the adjustment of a claim or claims under an insurance policy or policies for loss or damage caused by, or resulting from, fire and its allied lines, or who, or which, advertises for or solicits employment as an adjuster of such claims, and shall also include any person who solicits such claims on behalf of any such Public Insurance Adjuster.
ARTICLE VI
MEMBERSHIP
Section 1. Individuals, firms and corporations who, or which, act as public insurance adjusters, as previously defined in Article V, on a full time and professional basis, and who are qualified and entitled to act in such capacity under the laws of the state in which they are engaged, and who fulfill all of the other requirements of the Association, shall be eligible for membership, provided that such individuals, firms, and corporations shall have been so engaged for at least two (2) years prior to admission to membership. In those states which license public insurance adjusters, said two (2) year period shall be computed from the date on which an applicant for membership first received such license. Any applicant for membership who has been enrolled as a Regular Member with a member firm shall, when his association with such member firm terminates, become eligible for membership immediately upon becoming independently so engaged. Any applicant for membership who has been enrolled as an Associate Member with a member firm shall, after he is no longer associated with such member firm, become eligible for membership when he has been independently so engaged for at least one (1) year after his association with such member firm terminated, provided that the aggregate of the period of such association with a member firm and the period of being so independently engaged following the termination of such association with a member firm shall aggregate at least two (2) years. However, any applicant for membership who has been enrolled as an Associate Member with a member firm shall, after he is no longer associated with such member firm, become immediately eligible for membership when he becomes associated with another member firm, and said one (1) year waiting period shall not be required or applicable. The Executive Committee, in addition to the powers conferred on said Committee by Article XIII, Section 1, is authorized to formulate and adopt rules and regulations concerning requirements for and admission to membership, subject to the preceding requirements aforesaid.
Section 2. The individual owner, the partners or members of each firm, and the officers of each corporation, as specified in Section 1 hereof, shall be Regular Members. All other adjusters, previously defined, and all solicitors who are employed by Regular Members, or by the firms in which they are partners, or the corporations of which they are officers, shall be eligible for and must be enrolled as Associate members, and shall be known as Associate Members.
Section 3. Each Regular Member, Associate Member and Life Member shall be entitled to one vote in any meeting, election or balloting of the Association.
Section 4. Each application for Regular and Associate Membership shall be in writing, on the appropriate form supplied by this Association, and filed with the Executive Director of the Association. Such application shall set forth such information and data concerning the applicant as may be deemed necessary and proper, and shall also contain the applicant's agreement to observe this Constitution and these Bylaws of the Association and the Code of Ethics adopted by the Association, and/or as amended from time to time. Each application shall be referred to the Standing Membership Committee, in accordance with the provisions of Article XIII, Section 2, hereof.
The Membership Committee shall, as promptly as possible, investigate and notify in writing all member firms of the Association as to all applications made for membership. Each member firm shall be entitled, within the first sixty (60) days following such written notice, to object, in writing, directed to the chairman of the Membership Committee, as to any applicant for membership. If no objections are so made to any application within the time specified, a majority vote of the Membership Committee may then admit such applicant to membership. If an objection or objections is or are made as aforesaid, to any applicant for membership, the application of such applicant shall be promptly referred by the Membership Committee to the Board of Directors of the Association for its consideration and action. In each such event, a majority vote of the Board of Directors shall be necessary to elect any such applicant to membership. Whenever any such objection or objections is or are made to an applicant, the Membership Committee shall not, thereafter, be empowered to admit or to reject any such applicant.
If a member of the Association objects, in writing, directed to the chairman of the Membership Committee, as to any applicant for membership, then, in such event, a member of the Board of Directors enrolled in the same firm with which the member objecting is associated shall not be entitled to vote at any meeting of the Board of Directors as to admission or rejection of the applicant concerned.
Section 5. Each member shall be entitled to receive a Certificate of Membership, and to imprint the authorized insignia of the Association on his business stationery. Membership certificates shall be signed by the President and Secretary then in office.
Section 6. Resignation of membership shall be submitted to the Secretary in writing, accompanied by the Membership Certificate and insignia of the resigning member, who shall surrender all rights to future use of such insignia. Such resignation must be accompanied by payment of all dues and indebtedness then due unto the Association by such member. All applications for resignation of membership shall be referred by the Secretary to the Board of Directors of the Association for its consideration and action.
Section 7. Any individual member, member firm or member corporation whose membership terminates may thereafter apply for re-admission, in the same manner as a new applicant, as hereinbefore provided in Article VI. An applicant for re-admission shall be required to pay all dues and/or other sums owed to the Association by such applicant at the time the membership of such applicant terminated in order to be eligible to be considered for re-admission.
Section 8. There shall be a special class of membership designated as Life Membership. Regular and Associate Members who previously fully and unconditionally retired from engaging in public insurance adjusting, or who shall henceforth fully and unconditionally retire from public insurance adjusting, and who have continuously been members in good standing for at least 10 years immediately preceding such retirement, shall be entitled, on their request, to be enrolled as Life Members. Life Members shall not be required to pay dues as provided in Article XV.
Section 9. There shall be a special class of membership designated as Affiliate Membership for which individuals, partnerships and corporations not engaged, to any extent, in the profession of public insurance adjusting, shall be eligible. No individuals, partnerships or corporations who or which are engaged, to any extent, in the profession of public insurance adjusting shall be eligible for Affiliate Membership. The Executive Committee is authorized to formulate and adopt rules and regulations concerning Affiliate Members and Membership, admission to Affiliate Membership and as to the charges, fees and/or dues payable to the Association by Affiliate Members. This Section 9 shall, when and where applicable, be subject to the foregoing provisions contained in Article VI, Sections 1 through 8 of the Constitution and Bylaws of this Association.
ARTICLE VII
OFFICERS
Section 1. The officers of the Association shall consist of a President, a First Vice President, a Second Vice President, a Third Vice President, a Fourth Vice President, a Secretary, a Treasurer, and a Chairman of the Board of Directors.
Section 2. A person who has served a one (1) year term of office as President shall be ineligible to succeed himself as President for a second one (1) year term immediately following such original term.
Section 3. Officers shall be elected by the members at each annual meeting of the Association for a term of one (1) year beginning July 1st immediately following each Annual Meeting.
Section 4. Officers shall serve without compensation as such, except that they shall be entitled to receive such reasonable annual amount to be determined by the Board of Directors as will be necessary to reimburse them for traveling, secretarial, and other expenses incurred in the performance of their duties. All officers shall be members of the Board of Directors.
Section 5. The officers elected at the formation of the Association shall hold office until the next Annual Meeting of the Association, or until their successors are elected and installed.
Section 6. No person who is enrolled in the same member firm of the Association in which an officer is also enrolled shall be eligible to be elected as the immediate successor to any such officer on the conclusion of his term in office.
ARTICLE VIII
EXECUTIVE DIRECTOR
Section 1. The Association shall have an Executive Director, chosen annually by the Board of Directors, who shall receive such compensation as will be determined, from time to time, by the Board of Directors. The Executive Director need not be a member of the Association.
ARTICLE IX
DUTIES OF OFFICERS
Section 1. The President shall be in charge of the affairs of the Association. He shall preside at all meetings of the Association, shall execute all duties usually pertaining to the office of President, and shall execute and carry out all rules and regulations relating to the administration of the Association.
Section 2. In the absence or disability of the President, one of the Vice Presidents shall be selected by the Board of Directors and shall have and exercise all of the powers and duties of the President.
Section 3. The Secretary shall keep records of the proceedings of the organization as directed by the President, and shall deliver to his successor in office all books and papers belonging to the organization which are in his possession. He shall read at each meeting the minutes of the previous meeting, or may have the Executive Director do so in his behalf. He shall perform such duties as may be delegated to him from time to time by the President, and shall coordinate his duties and cooperate with the Executive Director.
Section 4. The Treasurer shall receive a quarterly report from the Executive Director or the Administrator of the Association as to the funds of the Association, reporting to the Association concerning its funds at each Annual and Mid-Year Meeting or upon request of the President. All disbursements shall be made by checks drawn on the account or accounts of the Association. Each check of the Association for a sum in excess of One Thousand Five Hundred Dollars ($1,500.00) shall require the signature of the President or the Treasurer. Each check of the Association for less than One Thousand Five Hundred Dollars ($1,500.00) shall require the signature of the Administrator. The Treasurer shall coordinate his duties and cooperate with the Executive Director and the Administrator. He shall deliver to his successor in office all records in his possession belonging to the Association. The Board of Directors may appoint any officer or the Administrator of the Association as its duly authorized agent to transact official financial business of the Association.
ARTICLE X
DUTIES OF EXECUTIVE DIRECTOR
Section 1. The duties of the Executive Director shall be those assigned to him by the President and the Board of Directors.
ARTICLE XI
BOARD OF DIRECTORS
Section 1. The Board of Directors shall consist of the President, the Chairman of the Board of Directors, all Vice Presidents, the Secretary, the Treasurer and nine (9) members whose duties shall be to supervise all affairs of the Association not assigned to a Committee, or that may be referred to it by the Association or its President. The Board of Directors consists of nine (9) members, three (3) of whom were elected for a term of one (1) year, three (3) of whom were elected for a term of two (2) years and three (3) of whom were elected for a term of three (3) years. At each Annual Meeting, directors equal to the number of those directors whose terms then expire, or previously expire for any reason, shall be elected, by ballot, for three (3) year terms. No director shall be eligible for re-election as a director for the first year immediately following the expiration of his term, but shall be eligible for election as a Director thereafter. Five (5) members of the Board of Directors shall constitute a quorum for the transaction of business and the Chairman of the Board of Directors shall preside as Chairman at all Meetings of the Board of Directors. The President elected at each Annual Meeting shall, without the requirement of being nominated and elected to such office, become Chairman of the Board of Directors for one (1) year immediately following the inception of his term as President beginning July 1 immediately following each Annual Meeting. The Board of Directors of the Association shall not, at the same time, include any two or more persons enrolled in the same member firm of the Association.
Section 2. In addition to the elected members of the Board of Directors as hereinbefore specified in Section 1, the Board of Directors shall also include three (3) non-elected members having the same authority and responsibilities vested in the elected directors, as follows:
a) The Past President of the Association whose term began July 1, 1992 and terminated June 30, 1993 shall be a member of the Board of Directors for a one (1) year term beginning July 1, 1995 and terminating June 30, 1996.
b) The Past President of the Association whose term began July 1, 1993 and terminated June 30, 1994 shall be a member of the Board of Directors for a two (2) year term beginning July 1, 1995 and terminating June 30, 1997.
c) The Past President of the Association whose term began July 1, 1994 and terminated June 30, 1995 shall be a member of the Board of Directors for a three (3) year term beginning July 1, 1995 and terminating June 30, 1998.
d) Each subsequent President of the Association on the expiration of his term as President, without the requirement of being nominated and elected, shall become a member of the Board of Directors for a three (3) year term immediately following the expiration of his term as President.
Section 3. The chairman of the Past Presidents Advisory Committee or another member of said Committee designated for such purpose by the chairman of said
Committee, shall be entitled to attend and participate in, with voting rights, all meetings of the Board of Directors of the Association. All other Past Presidents of the Association shall be entitled to attend and participate in, without voting rights, all meetings of the Board of Directors of the Association.
ARTICLE XII
STANDING COMMITTEES
Section 1. There shall be an Executive Committee, a Membership and Recruitment Committee, a Grievance Committee, a Legislative Committee, a Public Relations Committee, a Legal Committee, a Finance, Budget and Auditing Committee, a Nominating Committee, a Professional Education Committee, a Convention Committee, a Constitution and Bylaws Committee, a Long Range Planning Committee, a Past Presidents Advisory Committee and an Ethics Committee.
Section 2. The Executive Committee shall consist of the officers of the Association, elected by the Association at the Annual Meeting and all Past Presidents of the Association.
Section 3. The Membership and Recruitment Committee shall consist of at least five (5) members.
Section 4. The Grievance Committee shall consist of at least five (5) members, from five (5) different states and shall not include any two or more persons enrolled in the same member firm of the Association.
Section 5. The Legislative Committee shall consist of at least five (5) members.
Section 6. The Public Relations Committee shall consist of at least five (5) members.
Section 7. The Legal Committee shall consist of at least five (5) members.
Section 8. The Finance, Budget and Auditing Committee shall consist of at least five (5) members.
Section 9. The Nominating Committee shall consist of at least five (5) members.
Section 10. The Professional Education Committee shall consist of at least five (5) members.
Section 11. The Convention Committee shall consist of at least five (5) members.
Section 12. The Constitution and Bylaws Committee shall consist of at least five (5) members.
Section 13. The Long Range Planning Committee as provided in Article XIII, Section 12.
Section 14. The Past Presidents Advisory Committee shall consist of all of the past Presidents of the Association. Each Past President shall serve as chairman of the Past Presidents Advisory Committee during the year immediately following the expiration of his term as President.
Section 15. The Ethics Committee shall consist of at least five (5) members.
Section 16. Members of all of the foregoing Standing Committees except with regard to the Long Range Planning Committee and the Past Presidents Advisory Committee, shall be appointed by the President for the succeeding year promptly by each incoming President after his election to office.
ARTICLE XIII
DUTIES OF STANDING COMMITTEES
Section 1. The Executive Committee shall have general control of the affairs of the Association between meetings of the Association and of the Board of Directors.
Section 2. The Membership Committee shall promptly investigate all applications for Regular Membership, as referred to in Article VI, Section 4, and shall submit to the Board of Directors all applications which are not recommended for acceptance by the Membership Committee, in which event the Board of Directors shall give consideration to and take action upon such applications.
Section 3. The Grievance Committee shall investigate all complaints by Members against any Regular or Associate Members or may instigate such investigations upon its own decision. The Grievance Committee shall, upon receipt of a complaint against any Regular or Associate Member, or upon making a complaint on its instigation against any Regular or Associate Member, send written notice of the complaint to such Regular or Associate Member. The Regular or Associate Member complained against shall be entitled to defend himself and answer any such complaint or charges against him in writing or by personal appearance at a meeting of the Grievance Committee or of the duly appointed representative or representatives of such Committee. All such answers and requests for a hearing on the part of a Regular or Associate Member complained against must be made, in writing, no later than thirty (30) days after receipt of the designated notice by such member from the Grievance Committee.
The Grievance Committee may, after a complaint has been made against any Regular or Associate Member, and after such member has filed his defense or has had a hearing, dismiss the complaint in its entirety. If the Grievance Committee shall recommend disciplinary action against any Regular or Associate Member, after any such Member has been given an opportunity to file his defense and/or be heard as aforesaid, or where a Member complained against has not chosen to defend his position or to request a hearing, such disciplinary action may include suspension and revocation of Membership, or other action, as it may determine. In the event that the Grievance Committee shall take disciplinary action against any Regular or Associate Member, then the Regular or Associate Member against whom any such action is taken may appeal the decision of the Grievance Committee to the Board of Directors of the Association for its consideration and action. In such case, the Board of Directors may affirm and adopt the prior decision of the Grievance Committee, or may modify or reverse such decision and take such action as it deems to be fair, expedient and just.
Any Regular or Associate Member against whom disciplinary action of any kind has been taken by the Grievance Committee and who has appealed the matter to the Board of Directors and regarding whom the Board of Directors has also then decided that disciplinary or other action be taken, shall be further entitled to appeal such decision of the Board of Directors to the Membership of the Association, such appeal to be heard and decided at the next succeeding Annual Meeting or Semi-Annual Meeting of the Association, provided such Member shall request such appeal from the Board of Directors to the Membership by a written communication made to the President no later than fifteen (15) days after the decision of the Board of Directors made concerning him.
Section 4. The Legislative Committee shall seek, receive and disseminate information and advise as to existing or proposed legislation or regulations affecting the membership, and shall recommend to the officers and Board of Directors of the Association the procedure to be followed in any situation in which action by the Association or a statement as to the position of the Association shall be advisable.
Section 5. The Public Relations Committee shall gather, publish and disseminate such material, data, statements, and items of interest as shall be deemed necessary or advantageous in connection with the affairs of the Association, the furthering of its aims and objectives, and the fostering of harmonious relations between the Association and other organizations of the insurance business, and the public.
Section 6. The Legal Committee shall act as general counsel of the Association, and shall advise the officers, directors and committees of the Association in all matters of a legal character, or in which legal questions may be involved. Said committee shall, generally, be charged with the duty of keeping the officers and trustees advised as to all matters of legal nature that may arise or affect Public Insurance Adjusters and the Association.
Section 7. The Finance, Budget and Auditing Committee shall be charged with preparing a tentative budget each year, and submitting same at the Annual Meeting to the Officers of the Association. It shall, when requested to do so, audit all books and accounts of the Association, and shall make plans and suggestions for raising and expending monies required by the Association. Such committee shall, upon request of the President, determine the monies necessary for special purposes or objectives of the Association that may arise from time to time, and shall be charged with the raising of any such funds that may be required other than the dues hereinafter provided.
Section 8. The Nominating Committees shall make nominations for election by the Membership of the Association for the Officers of the Association, as specified in Article VII and Article XI, at the Annual Meeting immediately following the Annual Meeting in which said Nominating Committee was appointed.
Section 9. The Convention Committee shall determine the time and place of the Annual Meeting of the Association, and shall generally make all arrangements with regard to the Annual Meeting and supervise and manage the same.
Section 10. The Constitution and Bylaws Committee shall study and review the Constitution and Bylaws of the Association and propose Amendments and revisions thereof when, in the discretion of said Committee, it is advisable to do so.
Section 11. No Nominating Committee appointed at any time for the purpose of nominating the Officers of the Association shall nominate any member of such Nominating Committee for any office in the Association except that of Member of the Board of Directors.
Section 12. The Long Range Planning Committee shall consist of all of the elected Officers of the Association. The Chairman of the Long Range Planning Committee shall be the First Vice President of the Association holding such office. The Long Range Planning Committee shall study, gather information and make recommendations to the Association concerning ideas, plans and projects for the future operations and functioning of the Association.
Section 13. The retiring Chairman of the Board of Directors at each Annual Meeting shall, without the requirement of being so appointed, serve as Chairman of the Past Presidents Advisory Committee until the next succeeding Annual Meeting of the Association. The Past Presidents Advisory Committee shall generally advise, assist and consult with the Officers and Directors of the Association in such manner and at such times as they may request.
Section 14. The Ethics Committee shall study and review the Code of Ethics of the Association and propose revisions thereof and additions thereto, when, in the discretion of said Committee, it is advisable to do so. It shall, when requested by the Grievance Committee, advise said Committee as to ethical problems and situations that may arise. It shall investigate, study, consider and advise as to ethical problems and situations between members, between members and non-members and, generally, as to matters relating to professional ethics which involve the general public and governmental and regulatory agencies and departments. Said Committee shall be charged with a duty to keep the Officers, Directors and members of the Association advised as to matters of an ethical nature which may arise or affect the profession of public insurance adjusting and the Association.
Section 15. The Membership Recruitment Committee shall investigate, consider and advise as to means and methods for increasing the membership of the Association and, generally, shall be charged with the duty to seek, recruit and obtain new and additional members of the Association who are qualified and eligible for membership in accordance with Article VI of the Constitution and Bylaws of this Association.
ARTICLE XIV
MEETINGS OF THE ASSOCIATION
Section 1. The Association shall have an Annual Meeting in each calendar year, at a time and place determined by the Convention Committee, or, if the Convention Committee cannot reach agreement as to the place of the Annual Meeting, then the place thereof shall be determined by the Board of Directors. The place of each Annual Meeting shall be determined at least two (2) years prior to the date thereof.
Section 2. Special meetings may be called by the President or by the Board of Directors, and shall be called by the President, also upon written request of ten (10) members of the Association.
Section 3. Notices of the Annual Meeting shall be mailed to each member no less than thirty (30) days prior to such meeting. Each notice shall state the place and date of the meeting and, so far as practicable, shall outline the business to be transacted. Notice of each special meeting stating the date and place of such meeting and the business proposed to be transacted therein, shall be mailed to each member no less than thirty (30) days prior to the date of such meeting, and no business shall be transacted at any special meeting other than that specified in the notice.
Section 4. Proceedings at any meeting shall be according to "Roberts' Rules of Order".
Section 5. Voting at each regular or special meeting shall be by Regular and Associate Members present in person, as provided in Article VI, Section 3, hereof.
Section 6. A majority of the members registered at any meeting shall constitute a quorum, and a majority vote of the Members present shall be necessary to authorize any act of the Association unless otherwise provided herein.
ARTICLE XV
INITIATION FEES AND ANNUAL DUES
Section 1. Initiation Fees: There shall be no initiation fee for members of the Association, whether Regular or Associate members. All members of either class, who became members of the Association prior to December 31, 1951, shall be Charter Members. All applicants for membership subsequent to September 1, 1954, who are accepted for membership, shall not be Charter Members.
Section 2. The Board of Directors of the Association shall have exclusive powers to determine and establish the amounts and classifications of Annual Dues of the Association for each Fiscal Year, as follows: (a) The amount of Annual Dues for each Regular member, as defined in Article VI, Section 2. Regular members shall not include officers and directors of a corporate member firm who are not, to any extent, public insurance adjusters or solicitors as defined in Article V. (b) The additional amount of Annual Dues that each member firm shall pay for each Associate member, namely, for each adjuster and solicitor, employed by or associated with a member firm, as defined in Article V. (c) The maximum aggregate Annual Dues which each individual owner, firm, partnership or corporation shall pay. (d) The additional amount of Annual Dues which each individual owner, firm, partnership or corporation shall pay for each Branch Office which he or it may operate other than his or its principal office. (e) All Dues shall be payable, in advance, on July 1 of each year for the Fiscal Year of the Association which began on the immediately preceding first day of April. (f) Ten percent (10%) of all Dues collections of the Association shall be separately allocated to and retained in a Special Fund to be administered and expended at the discretion and under the control of the Board of Directors unless such allocation is waived, in whole or in part, by the Board of Directors.
Section 3. Arrearages: Each Regular or Associate Member whose dues are not paid sixty (60) days before the Semi-Annual Meeting, shall be notified by the Secretary that unless his dues and assessments, if any, are paid before the Semi-Annual Meeting, he will be suspended from Membership; and any member who shall not have paid dues by the date of the Semi-Annual Meeting, after notice has been mailed by the Secretary, as provided herein, shall be automatically suspended from Membership; provided, however, that if such delinquent member shall pay his dues within thirty (30) days after such suspension, the delinquent member shall be automatically reinstated.
Section 4. The dues payable by a newly admitted member firm for the dues year in which it is admitted to Membership shall be prorated on a quarterly basis. There shall be no proration of the annual dues payable by any member firm for any dues year of the Association except with regard to the dues year in which a member firm is first admitted to Membership. All applications for Membership must be accompanied by no less that fifty (50%) percent of the Annual Membership Dues which would be payable by an applicant. Upon approval of an application for membership, the approved applicant shall be required to pay the balance of such applicant's membership dues for the year in which it is approved for admission to membership and shall not be enrolled in the Association until said payment is made. If the amount deposited by an applicant for membership with its application exceeds the dues payable by such applicant for the dues year in which it is admitted to membership, such applicant shall be entitled to a dues credit in the immediately following dues year of the Association to the extent of such excess. If a membership application is disapproved, the entire amount of dues deposited by an applicant with its application shall be promptly refunded to such applicant.
ARTICLE XVI
FISCAL YEAR AND BUDGET
Section 1. The fiscal year of the Association shall begin on the 1st day of April, in each year, and end on the 31st day of March, in each following year.
Section 2. The Executive Committee shall prepare, prior to April 1st in each year, a budget for the immediately ensuing fiscal year, specifying the estimated revenues of the Association and the amounts to be appropriated and expended for the purposes and activities of the Association. The Executive Committee may amend the budget, from time to time, during any fiscal year of the Association.
ARTICLE XVII
AMENDMENTS
Section 1. Amendments or additions to the Constitution and Bylaws may be made at any Annual or Semi-Annual Meeting of the Association, or at any Meeting of the Association designated for such purpose by the President of the Association, by a two-thirds (2/3) vote of all the Members present, after having been submitted by mail at least thirty (30) days previously to the Membership. Amendments in the form so submitted may be further amended by the Membership at the Meeting of the Association at which they are considered and voted upon. Amendments shall become effective as soon as they are approved. Amendments shall be recommended by the Constitution and Bylaws Committee on its own initiative or may be recommended by said Committee upon the written suggestion of the Executive Committee or upon the suggestion of any Member.
ARTICLE XVIII
PROFESSIONAL CERTIFICATION PROGRAM
Section 1. The Association hereby establishes an accreditation program to provide, maintain and administer professional certification for its members and non-members, as hereinafter specified, in accordance with the provisions of this Article XVIII of the Constitution and Bylaws of the Association.
Section 2. The classes of professional accreditation shall be: (i.) Certified Professional Public Adjuster, identified as CPPA. (ii.) Senior Professional Public Adjuster, identified as SPPA. (iii.) Fellow in Professional Public Adjusting, identified as FPPA.
Section 3. A Professional Certification Committee consisting of three (3) members is hereby established which is charged, subject to the provisions of this Article XVIII, with the duties and responsibilities of formulating, implementing, directing, regulating and controlling the professional accreditation program of the Association. The original Professional Certification Committee shall consist of the following: one (1) member appointed by the Board of Directors at the 1986 Annual Meeting for a term of one (1) year to serve until June 30, 1987; one (1) member appointed by the Past Presidents Advisory Committee for a term of two (2) years to serve until June 30, 1988; one (1) member appointed by the President for a term of three (3) years to serve until June 30, 1989. At each Annual Meeting subsequent to the Annual Meeting of 1986, on the expiration, whenever same occurs, of the term of a member of the original Professional Certification Committee, his successor as a member of this Committee shall be appointed by the President for a term of three (3) years beginning on July 1 immediately following the Annual Meeting at which the President shall make such appointment. Except as to the three (3) members of the original Professional Certification Committee, appointed as aforesaid, no member of the Association who is not then accredited as a Certified Professional Public Adjuster (CPPA) or accredited as a Senior Professional Public Adjuster (SPPA) or accredited as a Fellow in Professional Public Adjusting (FPPA) shall be eligible to be appointed to the Professional Certification Committee. This Committee shall not, at any time, include any two (2) or more persons enrolled in the same member firm of the Association.
Section 4. The Professional Certification Committee shall formulate, adopt and administer all necessary rules and regulations as to eligibility for and required prior education of a member of the Association or non-members to take an examination for qualification under the Accreditation Program as a Certified Professional Public Adjuster, or as a Senior Professional Public Adjuster or as a Fellow in Professional Public Adjusting. The Professional Certification Committee shall not be empowered, to any extent, to design, prepare or conduct the examination for qualification in each of said classifications. All examinations hereunder shall be independently and fully formulated, administered, conducted, marked and regulated by the Director of the Institute for Insurance Education and Research of the University of Iowa. The Professional Certification Committee shall, however, designate and arrange the dates and places of certification examinations and shall determine the costs of charges to be levied for the taking of examinations by the members of the Association.
Section 5. The financial administration of the Professional Certification Program shall be conducted by the Administrator of the Association under the direction of the Professional Certification Committee, which Committee shall be subject to the control of the Board of Directors of the Association.
Section 6. Each member of the Association shall be entitled to object, in writing, at any time, to any act, policy, regulation or determination of the Professional Certification Committee. Any such objection shall be promptly referred to the Board of Directors of the Association for its consideration and action relating thereto. A two-thirds (66 2/3%) vote of the Board of Directors shall be required to overrule, revoke, reverse or modify any act, policy, regulation or determination of the Professional Certification Committee concerning which an objection is made aforesaid. In no event shall a member of the Association be entitled to object to the type, content, marketing and grading of any certification examination.
Section 7. The Professional Certification Committee shall be empowered, in all respects, to regulate, administer and control the manner, use and publicizing by any member of the Association or non-member of his certification in any of the three (3) classes of professional accreditation hereunder.
Section 8. The Director of the Institute for Insurance Education and Research of the University of Iowa shall, independently of the Professional Certification Committee, develop all necessary policies and standards relating to qualifications, experience and knowledge for certification eligibility; shall develop and make available lists of study materials and sources for use in preparing for examinations hereunder; shall provide courses of study to assist those preparing for certification examinations.
Section 9. Each member of the Association or non-member certified hereunder, in any of the three (3) classes of professional accreditation, in order to retain and maintain such certification, must fulfill a continuing education requirement as determined by the Professional Certification Committee. The Professional Certification Committee shall consult with and be advised and assisted by the Director of the Institute for Insurance Education and Research of the University of Iowa as to the nature and content of materials and programs relating to continuing education requirements.