Under what circumstance can an employee of a title agency be exempt from licensing?

An employee of a title agency can be exempt from licensing if they are engaged primarily in clerical tasks that do not require specialized knowledge about title insurance or real estate transactions. This exemption is based on the understanding that clerical work typically involves administrative support duties such as filing, data entry, or answering phones—activities that do not involve making decisions or performing services that require a thorough understanding of the title insurance industry.

This exemption serves to streamline operations within a title agency, allowing the agency to employ individuals to handle necessary administrative functions without requiring them to obtain a title insurance license. Individuals performing these tasks are not responsible for the legal or financial aspects of title insurance and, therefore, do not need to demonstrate the requisite knowledge or qualifications that licensed professionals in the industry would require.

Other scenarios, such as conducting marketing, being part-time without earning fees, or handling claims for clients, typically involve roles that require more involvement in the title insurance process and often necessitate a license to ensure compliance with legal standards and protections for consumers.