reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 7 - Suspension of Privilege of Appearing or Practicing Before the Commissioner › Section 13503.

13503. Any person appearing or practicing before the commissioner who has been the subject of an order, judgment, decree, or finding relevant to Section 13501 shall promptly file with the commissioner a copy thereof, together with any related opinion or statement of the agency or tribunal involved. Failure to make this filing shall not impair the operation of any other provision of this article.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 7 - Suspension of Privilege of Appearing or Practicing Before the Commissioner › Section 13504.

13504. Any proceeding brought under any section of this article shall not preclude a proceeding under any other section.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 7 - Suspension of Privilege of Appearing or Practicing Before the Commissioner › Section 13505.

13505. All hearings held under this article shall be closed to the public, unless the commissioner on the commissioner’s own motion, or at the request of a party, otherwise directs.
(Amended by Stats. 2021, Ch. 50, Sec. 260. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 8 - Insurance Payment Intercept Program › Section 13551.

13551. Notwithstanding any other law, an insurer or insurance company, its directors, agents, and employees, an insured individual on whose behalf the company makes a payment, and a central reporting organization and its respective employees and agents authorized by an insurer to act on its behalf who, in good faith, release information in accordance with this article, withhold amounts from payment based on the latest information supplied by the Department of Child Support Services pursuant to Section 13550, or make disbursements in accordance with Section 13550 shall be in compliance with this section and any applicable fair claim settlement act, and shall be immune from any liability to the claimant or other interested party arising from the payment.
(Added by Stats. 2018, Ch. 439, Sec. 1. (AB 2802) Effective January 1, 2019. Operative January 1, 2020, pursuant to Section 13555.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 8 - Insurance Payment Intercept Program › Section 13552.

13552. (a) Data obtained pursuant to this article shall only be used for the purpose of identifying claimants who are also obligors who owe past-due child support. If the Department of Child Support Services does not identify an obligor in the data obtained pursuant to this article with a child support obligor, the Department of Child Support Services shall not maintain that data and shall immediately destroy that data.
(b) An insurer that provides, attempts to provide, or in any way accesses data pursuant to this article shall comply with all applicable state and federal laws for the protection of the privacy and the security of that data, including, but not limited to, the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(c) The Department of Child Support Services shall consider any information received from an insurer as confidential. That information shall be used or disclosed only for the purpose of collecting past-due child support.
(d) Information provided by the Department of Child Support Services to an insurer, or its designated agent, for the purpose of identifying claimants who are also obligors shall not be used by the insurer or its agent for any other purpose, and shall not be disclosed to any person except to the extent necessary to identify and report a claimant who owes past-due child support. This subdivision does not apply to information contained in a child support lien or an income-withholding order received from the Department of Child Support Services after the insurer has identified and reported a claimant.
(e) This section does not prohibit the Department of Child Support Services from disclosing aggregate data that does not reveal personally identifying information.
(Added by Stats. 2018, Ch. 439, Sec. 1. (AB 2802) Effective January 1, 2019. Operative January 1, 2020, pursuant to Section 13555.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 8 - Insurance Payment Intercept Program › Section 13553.

13553. (a) An insurer may satisfy its obligation to identify and report a claimant who owes past-due child support through the use of a central reporting organization. If an insurer does not use a central reporting organization to automate the process, the insurer shall determine if the claimant owes past-due child support before paying a claim.
(b) For claims involving periodic payments after the insurer has determined that benefits will be paid, the insurer shall only determine if the claimant owes past-due child support before the initial payment and either 12 months thereafter, or the insurer may provide a copy of the settlement to the Department of Child Support Services.
(c) If a central reporting organization identifies a claimant who is also an obligor, the central reporting organization shall notify the Department of Child Support Services, and the Department of Child Support Services shall follow the requirements of subdivision (e) of Section 13550.
(Added by Stats. 2018, Ch. 439, Sec. 1. (AB 2802) Effective January 1, 2019. Operative January 1, 2020, pursuant to Section 13555.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 8 - Insurance Payment Intercept Program › Section 13554.

13554. For the purposes of this article, “central reporting organization” means a third-party service that automates the claims identifying process or provides interactive lookups.
(Added by Stats. 2018, Ch. 439, Sec. 1. (AB 2802) Effective January 1, 2019. Operative January 1, 2020, pursuant to Section 13555.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 8 - Insurance Payment Intercept Program › Section 13555.

13555. This article shall become operative on January 1, 2020.
(Added by Stats. 2018, Ch. 439, Sec. 1. (AB 2802) Effective January 1, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 3 - Conciliation › Section 13600.

13600. The department shall provide any person who files a complaint pursuant to Section 678.5, with the option of submitting any dispute involving cancellation or nonrenewal to conciliation pursuant to the following conciliation procedures:
(a) (1) The complaint shall first be reviewed by the department. Each insurer shall designate a responsible staff member whom the department may contact to determine whether a complaint may be resolved through a conciliation process.
(2) The complainant shall pay a filing fee of thirty-five dollars ($35), which shall be returned if the complainant prevails in whole or in part in conciliation.
(b) The department staff shall attempt to resolve the dispute over the telephone. The insurer’s representative shall have the authority to bind any insurer to any agreement reached over the telephone.
(c) The insurer shall notify the department of the representative’s identity in writing and immediately notify the department of any change in the designation.
(d) If the department cannot resolve the dispute by conciliation, the complaint shall be referred to the commissioner, who may, if he or she determines that there are reasonable grounds for believing that a violation of Section 678.5 has occurred, hold a hearing to determine whether a violation has occurred. In the event of a finding that a violation has occurred, the commissioner may order reinstatement of the policy.
(Added by Stats. 1989, Ch. 1073, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 3 - Conciliation › Section 13601.

13601. Nothing in this chapter shall preclude an insured or other aggrieved party from pursuing any available alternative remedy in lieu of conciliation or from pursuing that alternative remedy without first proceeding under this chapter, but the department shall have no jurisdiction to proceed under this chapter or resolve any dispute under this chapter during the pendency of any judicial action thereon initiated by an insured.
(Added by Stats. 1989, Ch. 1073, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13801.

13801. The Legislature finds and declares the following:
(a) During World War II, untold millions of lives and property were destroyed.
(b) In addition to the many atrocities that befell the victims of the Nazi regime, insurance claims that rightfully should have been paid out to the victims and their families, in many cases, were not.
(c) In many instances, insurance company records are the only proof of insurance policies held. In some cases, recollection of those policies’ very existence may have perished along with the Holocaust victims.
(d) At least 5,600 documented Holocaust survivors are living in California today. Many of these survivors and their descendents have been fighting for over 50 years to persuade insurance companies to settle unpaid or wrongfully paid claims. Survivors are asking that insurance companies come forth with any information they possess that could show proof of insurance policies held by Holocaust victims and survivors, in order to ensure that closure on this issue is swiftly brought to pass.
(e) Insurance companies doing business in the State of California have a responsibility to ensure that any involvement they or their related companies may have had with insurance policies of Holocaust victims are disclosed to the state and to ensure the rapid resolution of these questions, eliminating the further victimization of these policyholders and their families.
(f) The international Jewish community is in active negotiations with responsible insurance companies through the International Commission on Holocaust Era Insurance Claims to resolve all outstanding insurance claims issues. This chapter is necessary to protect the claims and interests of California residents, as well as to encourage the development of a resolution to these issues through the international process or through direct action by the State of California, as necessary.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13802.

13802. For purposes of this chapter, the following definitions shall apply:
(a) “Holocaust victim” means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers.
(b) “Related company” means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer.
(c) “Proceeds” means the face value or other payout value of insurance policies and annuities plus reasonable interest to date of payment without diminution for wartime or immediate postwar currency devaluation.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13803.

13803. The commissioner shall establish and maintain within the department a central registry containing records and information relating to insurance policies, as described in Section 13804, of Holocaust victims, living and deceased. The registry shall be known as the Holocaust Era Insurance Registry. The Attorney General, in coordination with the department, shall establish appropriate mechanisms to ensure public access to the registry.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13804.

13804. (a) Any insurer currently doing business in the state that sold life, property, liability, health, annuities, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, whether the sale occurred before or after the insurer and the related company became related, shall, within 180 days following enactment of this act, file or cause to be filed the following information with the commissioner to be entered into the registry:
(1) The number of those insurance policies.
(2) The holder, beneficiary, and current status of those policies.
(3) The city of origin, domicile, or address for each policyholder listed in the policies.
(b) In addition, each insurer subject to subdivision (a) shall certify to any of the following:
(1) That the proceeds of the policies described in subdivision (a) have been paid to the designated beneficiaries or their heirs where that person or persons, after diligent search, could be located and identified.
(2) That the proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors.
(3) That a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds.
(4) That the proceeds have not been distributed and the amount of those proceeds.
An insurer who certifies as true any material matter pursuant to this subdivision, which the insurer knows to be false, is guilty of a misdemeanor.
(c) An insurer currently doing business in the state that did not sell any insurance policies in Europe prior to 1945, shall not be subject to this section if a related company, whether or not authorized and currently doing business in the state, has made a filing under this section.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13805.

13805. Any insurer that knowingly files information about a policy required by this chapter that is false shall, with respect to that policy, be liable for a civil penalty not to exceed five thousand dollars ($5,000), which penalty is hereby appropriated to the department to be used by it to aid in the resolution of Holocaust insurance claims.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13806.

13806. The commissioner shall suspend the certificate of authority to conduct insurance business in the state of any insurer that fails to comply with the requirements of this chapter by the 210th day after this section becomes effective, until the time that the insurer complies with this chapter.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 4 - Holocaust Era Insurance Registry › Section 13807.

13807. The commissioner shall adopt rules to implement this chapter within 90 days of its effective date. The rules shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the rules shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(Added by Stats. 1999, Ch. 827, Sec. 2. Effective October 10, 1999.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 5 - Slavery Era Insurance Policies › Section 13810.

13810. The commissioner shall request and obtain information from insurers licensed and doing business in this state regarding any records of slaveholder insurance policies issued by any predecessor corporation during the slavery era.
(Added by Stats. 2000, Ch. 934, Sec. 2. Effective January 1, 2001.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 5 - Slavery Era Insurance Policies › Section 13811.

13811. The commissioner shall obtain the names of any slaveholders or slaves described in those insurance records, and shall make the information available to the public and the Legislature.
(Added by Stats. 2000, Ch. 934, Sec. 2. Effective January 1, 2001.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 5 - Slavery Era Insurance Policies › Section 13812.

13812. Each insurer licensed and doing business in this state shall research and report to the commissioner with respect to any records within the insurer’s possession or knowledge relating to insurance policies issued to slaveholders that provided coverage for damage to or death of their slaves.
(Added by Stats. 2000, Ch. 934, Sec. 2. Effective January 1, 2001.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 5 - Slavery Era Insurance Policies › Section 13813.

13813. Descendants of slaves, whose ancestors were defined as private property, dehumanized, divided from their families, forced to perform labor without appropriate compensation or benefits, and whose ancestors’ owners were compensated for damages by insurers, are entitled to full disclosure.
(Added by Stats. 2000, Ch. 934, Sec. 2. Effective January 1, 2001.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13900.

13900. An affordable housing entity may join with one or more other affordable housing entities in an arrangement providing for the pooling of self-insured claims or losses with respect to any of the following:
(a) Insurance covering all or any part of any tort liability.
(b) Insurance covering any employee of the affordable housing entity against all or any part of his or her liability for injury resulting from an act or omission in the scope of employment.
(c) Insurance covering any board member, officer, partner, manager, member, or volunteer of the affordable housing entity against any liability that may arise from any act or omission in the scope of participation with the affordable housing entity.
(d) Insurance covering any loss arising from physical damage to motor vehicles, personal property, real property, or other property owned or operated by the affordable housing entity.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13901.

13901. (a) The pooling arrangement established pursuant to this division shall not be considered insurance, and shall not be subject to regulation under this code.
(b) All affordable housing entities participating in a pooling arrangement established pursuant to this division shall be given written notice, in at least 10-point type, that the pool is not regulated by the Insurance Commissioner and that the state insurance insolvency guaranty funds are not available to safeguard its risk.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13902.

13902. (a) Any insurance pool, established pursuant to this division, may be organized as a nonprofit corporation, limited liability company, partnership, or trust, whether organized under the laws of this state or another state or operating in another state.
(b) Any insurance pool established pursuant to this division shall have initial pooled resources of not less than two million five hundred thousand dollars ($2,500,000) in the form of cash or cash equivalents.
(c) Any insurance pool established pursuant to this division shall maintain adequate reinsurance to protect against its risks.
(d) Any insurance pool established pursuant to this division shall furnish a copy of the pool’s annual audited financial statement and most recent actuarial review, by first-class mail or by any other method of delivery, including electronic transmission, to the Insurance Commissioner, the Assembly Committee on Housing and Community Development, the Assembly Committee on Insurance, the Senate Committee on Insurance, and the Senate Committee on Transportation and Housing within 180 days of the close of the pool’s fiscal year. If, in the period of time since the last submittal required by this subdivision, any of the following has occurred, the transmittal letter accompanying the annual audited financial statement and most recent actuarial review shall so indicate and shall provide a brief description of each matter:
(1) There has been a change to the pool’s plan of financing, management, or operation, including any material amendment to any of those plans.
(2) A claims audit report has been filed with any regulatory body with respect to the pool.
(3) A report of examination issued by any regulatory body with respect to the pool has been received.
(4) There has been a material change in the scope of the regulation of the pool by other states in which the pool operates.
(Amended by Stats. 2022, Ch. 424, Sec. 29. (SB 1242) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13903.

13903. All participating affordable housing entities in any insurance pool, established pursuant to this division, are required to agree to pay premiums or make other mandatory financial contributions, as determined by the governing board, provided for by the insurance pool arrangement, that are necessary to ensure a financially sound risk pool.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13904.

13904. Any insurance pool, established pursuant to this division, shall not insure against any liability that may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13905.

13905. Nothing in this division shall be construed to authorize an affordable housing entity to pay for, to insure, to contract for payment of, or to provide for payment for, any part of a claim or judgment against an employee of the affordable housing entity for punitive or exemplary damages.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13906.

13906. For the purpose of this division, “affordable housing” means housing developments in which some of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 4 - AFFORDABLE HOUSING ENTITIES RISK RETENTION POOL › Section 13907.

13907. For the purpose of this division, an “affordable housing entity” means any of the following:
(a) A housing authority created under the laws of this state or another jurisdiction and any agency or instrumentality of a housing authority, including, but not limited to, a legal entity created to conduct a self-insurance program for housing authorities that complies with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b) A nonprofit corporation organized under the laws of this state or another state that is engaged in providing affordable housing.
(c) A partnership, general or limited, or limited liability company that is engaged in providing affordable housing and that is affiliated with a housing authority described in subdivision (a) or a nonprofit corporation described in subdivision (b) if the housing authority or nonprofit corporation has one or more of the following:
(1) A financial or ownership interest in the partnership or limited liability company or the right to acquire that interest.
(2) The power to direct the management or policies of the partnership or limited liability company.
(3) A contract to lease, manage, or operate the affordable housing owned by the partnership or limited liability company.
(Added by Stats. 2010, Ch. 384, Sec. 1. (AB 2327) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 1 - General Provisions › Section 14000.

14000. This chapter may be cited as the Insurance Adjuster Act.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 1 - General Provisions › Section 14001.

14001. As used in this chapter:
(a) “Commissioner” means the Insurance Commissioner.
(b) “Department” means the Department of Insurance.
(c) “Licensee” means a person licensed under this chapter.
(d) “Manager” means the individual under whose direction, control, charge, or management the business of a licensee is operated.
(e) “Person” includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation.
(Amended by Stats. 1994, Ch. 1010, Sec. 176. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 1 - General Provisions › Section 14002.

14002. Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he is an active member of the State Bar of California.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 2 - Administration › Section 14010.

14010. The department succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Bureau of Collection and Investigative Services with respect to the licensing of insurance adjusters.
Any reference to prior licensing shall be deemed to licensing under the Private Investigator and Adjuster Act.
The commissioner shall administer and enforce the provisions of this chapter.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 2 - Administration › Section 14011.

14011. The commissioner may, in accordance with the State Civil Service Act, appoint such inspectors, investigators, and other personnel as may be necessary for the administration and enforcement of this chapter.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 2 - Administration › Section 14012.

14012. Every power and duty granted to or imposed upon the commissioner may be exercised by any other officer or employee of the department authorized by the commissioner, but the commissioner shall have the supervision of and the responsibility for all powers and duties exercised by such officers and employees.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 2 - Administration › Section 14013.

14013. The commissioner may adopt and enforce reasonable rules:
(a) Fixing the qualifications of licensees and managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.
(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
(c) For a change in the classification of a licensee, or in the type of business organization upon application therefor by a licensee, and to prescribe the fee, if any, to be paid.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14020.

14020. (a) A person shall not engage in a business regulated by this chapter, or act or assume to act as, or represent themselves to be, a licensee unless the person is licensed under this chapter.
(b) A person shall not falsely represent that the person is employed by a licensee.
(Amended by Stats. 2019, Ch. 502, Sec. 2. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14021.

14021. An insurance adjuster within the meaning of this chapter is a person other than a private investigator as defined in Section 7521 of the Business and Professions Code who, for any consideration whatsoever, engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information in the course of adjusting or otherwise participating in the disposal of, any claim under or in connection with a policy of insurance on behalf of an insurer or engages in soliciting insurance adjustment business or aids an insurer in any manner with reference to:
Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America; the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; the location, disposition, or recovery of lost or stolen property; the cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property; or securing evidence to be used before any court, board, officer, or investigating committee.
Notwithstanding any other provision of law, this section is in no way intended to limit the ability of a duly licensed independent insurance adjuster to perform the duties of an independent insurance adjuster for any other entity.
(Amended by Stats. 1997, Ch. 96, Sec. 1. Effective January 1, 1998.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14022.

14022. This chapter does not apply to:
(a) (1) A person employed exclusively and regularly by one employer in connection with the affairs of the employer only and if there exists an employer-employee relationship, except as provided in paragraph (2).
(2) After a declared state of emergency, as defined in Section 8558 of the Government Code, or other emergency declared by a public official, a person licensed under this chapter or a qualified manager shall require that all nonlicensed adjusters under the supervision of that person or manager read and understand the most recent notice and adjuster handbook prepared by the department pursuant to subdivision (a) of Section 14046 no later than 15 calendar days from the date on which the nonlicensed adjuster began claims adjusting activity in California.
(3) In enforcing this chapter, the department shall not be required to investigate whether a person is employed exclusively and regularly by one employer pursuant to paragraph (1).
(b) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while that officer or employee is engaged in the performance of official duties.
(c) A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly incorporated under the laws of this state, which is organized and maintained for the public good and not for private profit.
(e) An attorney performing the duties of an attorney.
(f) A licensed collection agency or an employee thereof acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor’s property if the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof.
(g) Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
(h) The legal owner of personal property that has been sold under a conditional sales agreement or a mortgagee under the terms of a chattel mortgage.
(i) A bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States.
(j) A person engaged solely in the business of securing information about persons or property from public records.
(k) A building contractor, engineer, technical expert, or other person who is engaged by an insurer or licensed adjuster to provide an expert or professional evaluation of the extent, cause, or origin of damage to the insured property, but who does not otherwise participate in the process of adjusting claims.
(Amended by Stats. 2019, Ch. 502, Sec. 3. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14022.5.

14022.5. (a) In the event of an emergency situation as declared by the commissioner, claims arising out of the emergency, catastrophe, disaster, or other similar occurrence may be adjusted by a nonlicensed adjuster upon registration with the commissioner if all of the following requirements are met:
(1) The work performed by the nonlicensed adjuster is under the active direction, control, charge, or management of a licensed adjuster or an insurer authorized to do business in this state.
(2) The licensee or insurer registers the nonlicensed adjuster with the commissioner no later than 15 calendar days from the date on which the nonlicensed adjuster began claims adjusting activity in California.
(3) The nonlicensed adjuster submits to the commissioner a certification in a form or other format specified by the commissioner, under penalty of perjury, that the adjuster has read and understands the most recent notice and the handbook for adjusting disaster claims prepared by the department pursuant to subdivision (a) of Section 14046.
(b) “Registration” or “register,” within the meaning of this section, means filing with the commissioner a notice in a form or other format specified by the commissioner, submitted by the supervising licensed adjuster or admitted insurer, naming the nonlicensed adjusters, identifying their adjuster licenses held in other jurisdictions, or, if not licensed, providing other identification specified by the commissioner, stating when their claims adjusting activity will commence or has commenced, and any other information the commissioner may require.
(c) Registration for claims adjusting activities arising out of an emergency is valid for a period of 180 days from the date of the registration letter. Before the lapse of that period, the commissioner may grant further 180-day extensions as the commissioner deems appropriate upon written request from the supervising licensed adjuster or the admitted insurer.
(d) A registration is not valid unless a current certification is on file with the commissioner.
(e) In enforcing this chapter, the department shall not be required to investigate the employment or contractor status of a person registered pursuant to this section.
(f) This section does not apply to a nonlicensed adjuster who meets the criteria described in paragraph (1) of subdivision (a) of Section 14022.
(Amended by Stats. 2019, Ch. 502, Sec. 4. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14023.

14023. An application for a license under this chapter shall be on a form prescribed by the commissioner and accompanied by the application fee provided by this chapter.
(Amended by Stats. 2019, Ch. 502, Sec. 5. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14024.

14024. An application shall be verified and shall include:
(a) The full name and business address of the applicant.
(b) The name under which applicant intends to do business.
(c) A statement as to the general nature of the business in which the applicant intends to engage.
(d) A statement as to the classification or classifications under which the applicant desires to be qualified.
(e) If the applicant is a person other than an individual, the full name and residence address of each of its partners, officers, and directors, and its manager.
(f) Two recent photographs of the applicant, of a type prescribed by the commissioner, and two classifiable sets of his or her fingerprints.
(g) A verified statement of his or her experience qualifications.
(h) Such other information, evidence, statements, or documents as may be required by the commissioner.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14025.

14025. Before an application for a license is granted, the applicant, or his or her manager, shall meet all of the following:
(a) Be at least 18 years of age.
(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480 of the Business and Professions Code.
(c) Shall have had at least two years of experience in adjusting insurance claims or the equivalent thereof as determined by the commissioner.
(d) Comply with such other qualifications as the commissioner may fix by rule.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14026.

14026. The commissioner may require an applicant, or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14026.5.

14026.5. Where a person who is or has been licensed under this chapter has been found by the commissioner to have violated any provision of this code that would justify the suspension or revocation of a license held by the person, or where a person is applying for a license under this chapter and there exists grounds for the denial of the application by the commissioner, the commissioner may, after hearing, revoke the license held or deny the application for an unrestricted license, and in lieu thereof issue to the person a restricted license. The commissioner may impose any reasonable conditions upon the acquisition of the restricted license or conduct of the holder of the license. The holder of the restricted license has no property right in it and the commissioner may, with or without either hearing or cause, suspend or revoke a restricted license. If a hearing is held under this section, it shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The holder of a restricted license is subject to all the provisions of this code and the license shall be kept in force and renewed in the same manner, at the same time, and subject to the same conditions and fees as are applicable to an unrestricted license to act in the same capacity.
(Added by Stats. 1996, Ch. 707, Sec. 4. Effective January 1, 1997. Operative July 1, 1997, by Sec. 8 of Ch. 707.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14027.

14027. Payment of the application fee prescribed by this chapter entitles an applicant, or his or her manager, to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each such subsequent examination.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14028.

14028. After a hearing the commissioner may deny a license unless the application makes a showing satisfactory to the commissioner that the applicant, if an individual, has not, or if the applicant is a person other than an individual, that its manager and each of its officers and partners have not:
(a) Committed any acts or crimes constituting grounds for denial of licensure under Section 480 of the Business and Professions Code.
(b) Been refused a license under this chapter or had a license revoked.
(c) Been an officer, partner, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(d) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(e) Committed any act or crime constituting grounds for denial of license under Section 1668.
(Amended by Stats. 2005, Ch. 448, Sec. 5. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14028.5.

14028.5. The commissioner may, without hearing, deny a license if the applicant has committed any act or crime constituting grounds for denial of license under Section 1669.
(Added by Stats. 2005, Ch. 448, Sec. 6. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14029.

14029. (a) The business of each licensee shall be operated under the active direction, control, charge, or management of the licensee, if the licensee is qualified, or the person who has qualified to act as the licensee’s manager, if the licensee is not qualified.
(b) No person shall act as a manager of a licensee until he or she has complied with each of the following:
(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the commissioner.
(2) Made a satisfactory showing to the commissioner that he or she has the qualifications prescribed by Section 14025 and that none of the facts stated in Section 14028 or 14028.5 exist as to him or her.
(c) If the manager, who has qualified as provided in this section, ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the commissioner in writing 30 days from the cessation. If notice is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the commissioner pending the qualifications, as provided in this chapter, of another manager. If the licensee fails to notify the commissioner within the 30-day period, his or her license shall be subject to suspension or revocation and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, if any is due, and the qualification of a manager as provided herein.
(d) Every manager shall renew his or her authority by satisfying the requirements of Article 8 (commencing with Section 14090).
(Amended by Stats. 2008, Ch. 300, Sec. 16. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14030.

14030. Whenever the individual on the basis of whose qualifications a license under this chapter has been obtained ceases to be connected with the licensee for any reason whatever, the business may be carried on for such temporary period and under such terms and conditions as the commissioner shall provide by regulation.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14031.

14031. Whenever a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensee’s manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11501) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all of the powers granted therein.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14032.

14032. The form and content of the license shall be determined by the commissioner in accordance with Section 164 of the Business and Professions Code.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14033.

14033. The license shall at all times be posted in a conspicuous place in the principal place of business of the licenses.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)