reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1.1 - The California Community Development Financial Institution Tax Credit Program › Section 12939.2.

12939.2. (a) The commissioner may establish and appoint a California Organized Investment Network Advisory Board.
(b) For purposes of this section, all of the following shall apply:
(1) “Commissioner” means the Insurance Commissioner of this state.
(2) “Board” means the California Organized Investment Network Advisory Board.
(3) “Licensed attorney” means an attorney who resides in this state who has successfully passed the California bar examination and has been admitted to practice in this state or has otherwise been licensed to practice law in this state by the State Bar of California.
(c) The board shall include the commissioner, or the commissioner’s designee, three executives in the insurance investment industry, and one volunteer from each of the following categories:
(1) A licensed attorney practicing insurance law.
(2) A member of the public, appointed by the Speaker of the Assembly.
(3) A member of the public, appointed by the Senate Committee on Rules.
(4) A member of a consumer advocacy group.
(5) An affordable housing practitioner.
(6) A local economic development practitioner.
(7) A member of a financial institution or a community development financial institution.
(8) A representative with experience seeking investments for underserved or low-to-moderate-income or rural communities.
(9) A representative with experience seeking investments that provide environmental benefits.
(d) The board shall elect, from among its members, a chair and vice chair.
(e) The term of each member shall be for two years.
(f) The board shall have all of the following powers and duties:
(1) To advise the California Organized Investment Network, or its successor, on the best methods to increase the level of insurance industry capital in safe and sound investments while providing fair returns to investors and social or economic benefits to underserved and low-to-moderate-income communities, as well as environmental benefits.
(2) To meet a minimum of three or more times per year, or as deemed necessary by the commissioner.
(3) To facilitate contacts among executives at insurance companies, community-based organizations, and community development financial institutions.
(4) To recommend programmatic guidelines, but not specific allocations of the tax credit amount, to the California Organized Investment Network program.
(g) The members of the board shall not receive compensation from the state for their services under this section, but, when called to attend a meeting of the board, may be reimbursed for their actual and necessary expenses incurred in connection with the meeting.
(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 186, Sec. 4. (AB 1099) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 2 - Review of Commissioner s Acts › Section 12940.

12940. The acts and orders of the commissioner are subject to such review, or other action by a court of competent jurisdiction, as is permitted or authorized by law.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12950.

12950. Any person interested as owner, assignee, pledgee or payee, of any policy and desiring any information about such policy, may apply to the commissioner for a certificate of the facts or information desired. Such application, filed in duplicate, shall be accompanied by an affidavit, in duplicate, showing his interest in the policy.
(Amended by Stats. 1972, Ch. 181.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12951.

12951. If the records of his office show the facts or information desired, the commissioner shall prepare his certificate reciting such facts or information. If his records do not show the facts or information desired, he may deliver or mail by certified mail an order to the insurer, directing it to state such information or facts in an affidavit and deliver such affidavit to him. If such insurer is a foreign insurer, the commissioner may deliver or mail by certified mail such order to its agent for service of process.
(Amended by Stats. 1972, Ch. 181.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12952.

12952. In such affidavit the insurer shall make a full, true and correct statement of all the desired facts and information in its possession, regardless of the location of its record of such information.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12953.

12953. If such insurer neglects or refuses to make and deliver such affidavit to the commissioner within ninety days from the date of the delivery of the order by the commissioner to it or its agent for service of process, the commissioner shall revoke the certificate of authority of the insurer.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12954.

12954. Immediately after receiving such affidavit from an insurer the commissioner shall certify such affidavit to the applicant. Such affidavit so certified by the commissioner shall be delivered to the applicant personally or by depositing it in the United States post office, addressed to the applicant, with postage prepaid thereon.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12955.

12955. If a loss is sustained under a policy of insurance and such policy has been lost or destroyed, all rights of every kind and nature, the time for the presentation of notice of loss, and the time for the presentation of proof of loss are stayed from the date such applicant delivers to the commissioner the affidavit showing his interest until and after five days after the date of the delivery by the commissioner to the applicant of the affidavit furnished by the insurer.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12956.

12956. Forms of policies filed with the commissioner and writings in respect thereto shall be open to public inspection except where, in his judgment, the public welfare or the welfare of any insurer demands that any portion thereof be not made public. In such cases he may withhold such information from public inspection for such time as in his judgment is necessary or advisable.
(Added by Stats. 1937, Ch. 724.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12957.

12957. The commissioner shall not withdraw approval of a previously approved policy, except upon those grounds as, in the commissioner’s opinion, would authorize disapproval upon original submission thereof. Any withdrawal of approval shall be in writing and shall specify the ground thereof. If the insurer demands a hearing on a withdrawal, the hearing shall be granted and commenced within 30 days of the filing of a written demand with the commissioner. Unless the hearing is commenced, the notice of withdrawal shall become ineffective upon the 31st day from and after the date of filing of the demand.
This section shall not apply to policies subject to the provisions of subdivision (f) of Section 10291.5, or to policies, contracts, or agreements that were approved under an alternative filing and approval procedure as provided for in subdivision (f) of Section 10506.4 or subdivision (c) of Section 10507.5.
(Amended by Stats. 2021, Ch. 50, Sec. 255. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12959.

12959. (a) On January 1, 1990, and on every January 1, thereafter, the commissioner shall publish and distribute a comparison of insurance rates report for those lines of insurance which, in the comissioner’s judgment, are of most interest to individual purchasers of personal lines of coverage. The report shall be available to consumers. The distribution shall be designed to make consumers throughout the state aware of the content of the report. This report shall be prepared by the commissioner in a manner designed to provide information useful to consumers so that they may make informed comparisons of coverages and rates.
(b) The submission of any false rate information by any such insurer pursuant to a request of the commissioner for the purpose of compiling comparative data for the report to be published as required in subdivision (a), shall be punishable by a civil penalty not to exceed one hundred thousand dollars ($100,000). Any person subject to regulation by the commissioner pursuant to this code that fails to comply with a data call required by the department pursuant to this section shall be liable to the state for a civil penalty in an amount not exceeding five thousand dollars ($5,000) for each 30-day period that the person is not in compliance, unless the failure to comply is willful, in which case the civil penalty shall be in an amount not to exceed ten thousand dollars ($10,000) for each 30-day period that the person is not in compliance, but not to exceed an aggregate amount of one hundred thousand dollars ($100,000). In determining the level of the penalty, the commissioner shall consider the good faith of the insurer and any similar prior violations by the insurer under this code.
(Amended by Stats. 2002, Ch. 1076, Sec. 2. Effective January 1, 2003.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Procuring Information on Policies › Section 12960.

12960. The commissioner shall, by February 1, 2023, distribute a bulletin soliciting rate applications from insurers to account for the change to the financial responsibility law in Division 7 (commencing with Section 16000) of the Vehicle Code that will go into operation on January 1, 2025, and require the applications to be submitted by July 1, 2023. A rate change shall only go into effect on or after January 1, 2025, the operative date of the change in the financial responsibility law.
(Added by Stats. 2022, Ch. 717, Sec. 1. (SB 1107) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3.5 - Reporting › Section 12962.

12962. The commissioner shall report to the Governor, the Legislature, and to the committees of the Senate and Assembly having jurisdiction over insurance all of the following in the annual report submitted pursuant to Section 12922:
(a) An analysis of the information required by Sections 674.5, 1857.7, 1857.9, and 12963, including, but not limited to, all of the following:
(1) An aggregate and an average for all insurers for each item of information required by these sections.
(2) The number of insurers reporting policies written for each class during the calendar year.
(3) For each class, the number of insurers reporting a combined loss ratio of 100 percent or more, and the number reporting a combined loss ratio of under 100 percent.
(4) An analysis of adjustments made to loss reserves for prior years.
(5) The change in any item required to be included by paragraphs (1) to (4), inclusive, from the immediately prior year.
(b) An analysis of the activities of the department in implementing the provisions of Proposition 103 on the November 8, 1988, general election ballot, as set forth in Article 10 (commencing with Section 1861.01) of Chapter 9 of Part 2 of Division 1.
(c) Recommendations and proposals, including suggested legislation, to protect consumers from arbitrary insurance rates and practices, to encourage a competitive insurance marketplace, to provide for an accountable commissioner, and to ensure that insurance is fair, available, and affordable for all Californians.
(d) The requirements of this section shall be satisfied if the analysis required by this section is included in the annual report to the Governor required by Section 12922, and a copy of that report is provided to the Legislature.
(Amended by Stats. 2012, Ch. 786, Sec. 44. (AB 2303) Effective January 1, 2013.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3.5 - Reporting › Section 12963.

12963.  Each insurer transacting insurance, as defined in Sections 108 and 116, covering liability for any public entity, as defined in Section 811.2 of the Government Code, where the public entity is the named insured, shall report specified data to the commissioner by type of claim, upon request of the commissioner, which may, for a specified period, include, but not be limited to, the following:
(a) The total number of insureds.
(b) The total amount of premiums received from insureds, both written and earned.
(c) The number of claims reported to the insurer and the number of claims reported closed.
(d) The total number of claims outstanding, together with the monetary amount reserved for loss and allocated loss expense.
(e) The number of claims closed with payment to the claimant, the total monetary amount paid thereon, and the total allocated loss expense paid thereon.
(f) The monetary amount paid on claims with allocated loss expense paid.
(g) The number of claims closed without payment to the claimant and the allocated loss expense paid thereon.
(h) The monetary amount reserved on claims incurred but not reported to the insurer.
(i) The number of lawsuits filed against the insurers insureds.
(j) A distribution by size of payment for those claims closed showing the number of claims and total amount paid for each monetary category, as determined by the commissioner.
As used in this section, the type of claims to be reported shall include, but not be limited to, workers’ compensation, liability, personal injury other than automobile, property damage other than automobile liability, liability based upon the dangerous condition of public property, and other general liability claims.
(Amended by Stats. 1995, Ch. 586, Sec. 2. Effective January 1, 1996.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3.5 - Reporting › Section 12965.

12965. The data and other information required to be filed or reported under this article may be transmitted by electronic media or data transmision to the receiver’s electronic data processing system.
(Added by Stats. 1990, Ch. 1110, Sec. 5.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3.5 - Reporting › Section 12968.

12968. (a) Every pleading issued by the commissioner to initiate a formal enforcement action under this code against a licensee or applicant, and every order issued by the commissioner or a court of competent jurisdiction or other document that resolves a formal enforcement action, shall be displayed on the department’s internet website, if the document is a public record that is not exempt from disclosure to the public pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(b) Notwithstanding Section 12969, if an enforcement action against a licensee or applicant is withdrawn, then each pleading, document, or order against that licensee or applicant shall be removed from the department’s internet website within 30 days of the withdrawal of the action. If a pleading, document, or order contains allegations against multiple licensees or applicants, and the department withdraws all allegations against any one or more of the licensees or applicants, then the department shall post, on its internet website, a pleading, document, or order that clarifies that the enforcement action against that specific licensee or applicant has been withdrawn.
(Amended by Stats. 2021, Ch. 615, Sec. 317. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 3.5 - Reporting › Section 12969.

12969. An order or pleading posted on the department’s internet website that is related to a disciplinary proceeding or enforcement action under this code against a licensee or applicant, or that is related to a restricted license, shall be removed from the site 10 years from the date the disciplinary or enforcement action becomes final or, in actions resulting in the issuance of a restricted license, 10 years from the date the restriction on the license is removed. This section does not apply to an order or pleading related to an enforcement action resulting in a suspended or revoked license. This section is intended to apply solely to the department’s internet website and shall not be construed to require the department to permanently remove any information from its public record.
(Amended by Stats. 2019, Ch. 201, Sec. 13. (AB 1813) Effective January 1, 2020.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12970.

12970. The commissioner shall require the payment in advance of a fee for copying microfilm records in the amount of thirty cents ($0.30) per page.
(Amended by Stats. 1985, Ch. 770, Sec. 27.5.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12970.1.

12970.1. In addition to all other fees required for furnishing copies of instruments or documents filed in his office, the commissioner shall require the payment, in lawful money of the United States, of an amount approximately equal to the postage or other delivery charges he must pay for delivery of the copies so furnished if at the request of the person ordering them they are delivered by any more expensive means than ordinary first-class United States mail.
(Added by Stats. 1959, Ch. 542.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12972.

12972. The commissioner shall require the payment of one dollar ($1), in advance, as a fee for attaching the commissioner’s seal of office to any paper or document not specified in this code.
(Amended by Stats. 2021, Ch. 50, Sec. 257. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12973.

12973. The commissioner shall require, in advance, as a fee for issuing certificates when the fee is not otherwise specified, the following amounts:
(a) Twenty-two dollars ($22), if there is sufficient demand so that the commissioner in the commissioner’s discretion has prepared a form of the certificate in advance that requires only the filling in of blanks for completion.
(b) For issuing any other certificate, the reasonable cost of preparing and issuing that certificate, but not to exceed fifty dollars ($50) for the first copy of the certificate and nine dollars ($9) for each additional copy.
(Amended by Stats. 2021, Ch. 50, Sec. 258. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12973.5.

12973.5. The commissioner shall charge and collect, in advance, the following fees:
(a) For filing any application for a license, permit, or certificate of authority when a fee for either filing the application or issuing the license, permit, or certificate is not elsewhere specified in this code, twenty-two dollars ($22).
(b) For filing any application to take any qualifying examination required by this code to be taken by a licensee other than an insurer, or to be taken by any applicant for a license other than a certificate of authority when a fee for filing that application or giving that examination is not elsewhere specified in this code, seventy-two dollars ($72).
(Amended by Stats. 2017, Ch. 534, Sec. 88. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12973.6.

12973.6. If a check in payment of a tax, fee, or penalty is not paid by the bank on which it is drawn on its first presentation, the commissioner shall charge and collect an additional fee of fourteen dollars ($14).
(Amended by Stats. 2017, Ch. 534, Sec. 89. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12973.7.

12973.7. Where provision for fees or charges for documents, transcripts, or other materials which may be furnished by the commissioner is not specifically made in this code, the commissioner may fix and collect fees therefor not in excess of reasonable cost. All publications and other printed matter shall be distributed and sold by the Department of General Services.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12973.9.

12973.9. Whenever by the provisions of this code a form of policy or certificate and any endorsement, rider, application, amendment, fill-in material, classification of rates, certificate or premium to be used therewith, is required to be filed with, submitted to, or approved by the commissioner, fees as provided for by this section shall be paid to the commissioner to cover the expenses of processing and indexing the same and maintaining copies of the same.
The required fee shall be prescribed by the commissioner for each type document submitted, depending on its nature and the kind of processing required. The commissioner may prescribe different fees for different types of documents, and in the case of documents submitted for approval or authorization of use, shall prescribe a fee only for the final approval or authorization for use, if any. The commissioner shall determine the fee, or fees, by estimating in advance the commissioner’s total costs of performing these services for all types of documents for a specified period of time, estimating the total number of documents of various kinds which will be submitted for processing during such time and equitably distributing the total cost on a per document basis. The commissioner shall, after notice and hearing, promulgate such reasonable rules and regulations as are necessary to establish the standard or standards by which the commissioner shall determine the original fee schedule or any amended fee schedule. Any rule or regulation shall be promulgated in accordance with the procedure provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be effective 90 days after adoption by the commissioner, except the first fee schedule adopted by the commissioner under such regulation may be retroactive to the effective date of this section.
All fees received by the commissioner under this section shall be remitted to the credit of the Insurance Fund pursuant to the provisions of Section 12975.7.
Without in any manner affecting the applicability of this section to any other provisions of this code, it is expressly provided herein that the provisions of this section apply to the forms required to be filed, submitted, or approved under the following sections of this code: 779.8, 795.5, 1320, 9080.1, 10205, 10225, 10270, 10270.1, 10270.5, 10270.57, 10270.9, 10270.93, 10290, 10292, 10506, 11027, 11029, 11066, 11069, 11513, 11522, 11658, 12250, and 12640.18.
(Amended by Stats. 1981, Ch. 714, Sec. 312.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12975.

12975. Whenever, by the provisions of this code a duty, right, privilege, or power is imposed or conferred upon the commissioner, but it is provided that the expense of performance of that duty or exercise of that right, privilege, or power is to be paid in advance or otherwise out of sources other than the Insurance Fund, the commissioner may defray that expense, or any portion thereof, out of the appropriation for the support of the Department of Insurance without regard to prospect of repayment. The repayment of those moneys, not to exceed one thousand one hundred twenty-one dollars ($1,121) shall be a debt of and a lien against the assets of every person otherwise chargeable with that payment and shall constitute a preferred claim in all proceedings in bankruptcy or insolvency to the same extent as claims for compensation due employees for wages and salaries and claims for expenses of conservatorship or liquidation in proceedings under Article 14 (commencing with Section 1010) of Chapter 1 of Part 2 of Division 1.
(Amended by Stats. 2017, Ch. 534, Sec. 90. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12975.1.

12975.1. All examination expense moneys collected by the Department of Insurance under the provisions of Sections 736, 1061, and 1857.4 are hereby appropriated to the department and shall be deposited in the Insurance Fund to the credit of the support appropriation for the department current at the time of the deposit.
(Amended by Stats. 1982, Ch. 722, Sec. 1. Operative July 1, 1983, by Sec. 12 of Ch. 722. Note: Stats. 1988, Ch. 855, deleted the July 1, 1989, termination date in Stats. 1982, Ch. 722, Sec. 10, as amended by Stats. 1985, Ch. 770, Sec. 34.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12975.5.

12975.5. The commissioner may, in any investigation or hearing the commissioner conducts, take or cause to be taken the deposition of any witness residing within or without this state and may pay the expense thereof out of the current support appropriation of the department. The commissioner may pay out of the appropriation to any witness subpoenaed by the commissioner the necessary and reasonable traveling expenses of any witness, to the place of hearing or investigation and return and a per diem of twelve dollars ($12) for each day that the witness is in attendance at or en route to and from the place of hearing or investigation in obedience to the subpoena. The provisions of this section shall not apply to proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and those proceedings shall be governed solely by that chapter.
(Amended by Stats. 2021, Ch. 50, Sec. 259. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12975.7.

12975.7. (a) All moneys received by the commissioner in payment of lawful fees or reimbursements pursuant to this code shall be transmitted to the Treasurer to be deposited in the State Treasury to the credit of the Insurance Fund. Unless specified in this code to be deposited in a different fund, all moneys received by the commissioner in fines, penalties, assessments, costs, or other sanctions shall be transmitted to the State Treasury for deposit in the General Fund.
(b) The money in the Insurance Fund received from the commissioner pursuant to this section is hereby appropriated to pay the refunds authorized by this code.
(c) The balance of the money in the Insurance Fund shall be used for the purposes specified in Section 12975.9, for the support of the Department of Insurance as authorized by the Budget Act, and for related cashflow needs.
(Amended by Stats. 2004, Ch. 183, Sec. 251. Effective January 1, 2005.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12975.8.

12975.8. (a) The Insurance Fund shall, in addition to the funds specified in Section 12975.7, consist of all of the following:
(1) All moneys appropriated to the fund in accordance with law.
(2) All moneys deposited into the State Treasury from any source whatever in payment of lawful fees or reimbursements collected by the Department of Insurance.
(3) The balance remaining in the Insurance Fund at the end of the fiscal year, whether the moneys received are from an appropriation, fees, or from reimbursements for services rendered.
(b) (1) All moneys in the Insurance Fund credited to the Seismic Safety Account shall be subject to an annual appropriation each fiscal year for the purposes specified in Section 12975.9.
(2) All other moneys in the Insurance Fund shall be subject to an annual appropriation each fiscal year for the support of the Department of Insurance.
(3) If the current cash balance in the Seismic Safety Account is not adequate to fund the amount appropriated from it in the annual Budget Act, the Insurance Fund, upon enactment of the Budget Act, shall loan to the account the amount of the appropriation, and one half of this amount shall be transferred to the Seismic Safety Commission. The second half of the appropriated amount shall be transferred to the Seismic Safety Commission from the Seismic Safety Account on or before December 31 of each year. This loan shall be repaid by revenues collected pursuant to Section 12975.9.
(c) Any balance remaining in the Insurance Fund at the end of the fiscal year may be carried forward to the next succeeding fiscal year.
(d) Whenever the balance in the Insurance Fund is not sufficient to cover cashflow in the payment of authorized expenditures, the department may borrow funds as may be necessary from whatever source and under terms and conditions as may be determined by the Director of Finance. Repayment shall be made from revenues received by the department for the same fiscal year for which the loan is made.
(Amended by Stats. 2004, Ch. 183, Sec. 252. Effective January 1, 2005.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12976.

12976. All fines, forfeitures, taxes, assessments, restitution, and penalties provided for in this code shall be due and payable on the demand of the commissioner. If payment is not made within 10 days after that demand, then the commissioner shall institute an action in the name of the people of the State of California for the purpose of recovering that moneys due. All such actions shall be subject to all the provisions of the Code of Civil Procedure which may be applicable thereto.
(Amended by Stats. 2022, Ch. 540, Sec. 3. (SB 1040) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12976.5.

12976.5. (a) On and after January 1, 1994, and before January 1, 1995, every insurer whose annual taxes exceed fifty thousand dollars ($50,000) shall make payment by electronic funds transfer. On and after January 1, 1995, every insurer whose annual taxes exceed twenty thousand dollars ($20,000) shall make payment by electronic funds transfer. The insurer shall choose one of the acceptable methods described in Section 45 for completing the electronic funds transfer.
(b) Payment is deemed complete on the date the electronic funds transfer is initiated, if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs.
(c) (1) Any insurer required to remit taxes by electronic funds transfer pursuant to this section who remits those taxes by means other than an appropriate electronic funds transfer, shall be assessed a penalty in an amount equal to 10 percent of the taxes due at the time of the payment.
(2) If the department finds that an insurer’s failure to make payment by an appropriate electronic funds transfer in accordance with subdivision (a) is due to reasonable cause or circumstances beyond the insurer’s control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, that insurer shall be relieved of the penalty provided in paragraph (1).
(3) Any insurer seeking to be relieved of the penalty provided in paragraph (1) shall file with the department a statement under penalty of perjury setting forth the facts upon which the claim for relief is based.
(Amended by Stats. 1995, Ch. 721, Sec. 8. Effective January 1, 1996.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12977.

12977. The commissioner may authorize the refund of money received or collected by the department in payment for the filing of applications for licenses, permits or certificates, or for the rendering of other services:
(a) Where the receipt or collection has resulted in an overpayment or duplicate payment.
(b) In cases where no payment is required for filing the application for the license, permit or certificate sought, or for rendering the other service.
(c) Where an insufficient fee is paid and for which reason the application for the license, permit or certificate cannot be filed or the other service cannot be rendered.
(d) The penalty fee required by subdivision (b) of Section 1718 upon a written showing, filed within sixty (60) days after the delinquency date, with particularity as to facts that late payment resulted from mistake, inadvertence or excusable neglect.
This section does not exclude the making of refunds under other appropriate provisions of law requiring the approval of the Director of General Services before such refunds may be made.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12978.

12978. (a) Notwithstanding any other law, the commissioner may increase or decrease the fees set forth in this code, as necessary, to allow the department to meet the appropriation authorized by the annual Budget Act. However, any increase or decrease so made shall be made only in accordance with this section, and a fee increase shall not exceed 10 percent without the prior approval of the Legislature.
(b) A single annual increase or decrease in fees, on a fiscal year basis, may be made by the department at any time during the year provided it is announced by bulletin issued at least 90 days prior to the effective date of that increase or decrease. The bulletin shall be sent to all affected parties and to the Assembly Committee on Insurance and the Senate Committee on Insurance. That fee increase or decrease may be rescinded by a majority vote of both houses of the Legislature not later than 60 days after the issuance of the bulletin announcing the increase or decrease.
(c) If the bulletin is issued during the period between August 1 and December 1 of any year, the department shall provide notice in writing of the necessity of any fee increase or decrease as proposed in the bulletin upon issuance of the bulletin to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee.
(d) If written notice is provided to the commissioner within 60 days of the issuance of the bulletin announcing the increase or decrease by any of the chairpersons that there is an objection to the fee increase or decrease, the increase or decrease shall take effect February 1 of the following year unless rescinded by a majority vote of both houses of the Legislature by that date, rather than 60 days after issuance of the bulletin.
(e) The department shall annually project forward its workload for the subsequent three years in order to project appropriate fee levels, and shall annually make adjustments to those fees, if necessary, based on actual workload experience.
(f) The limit on the cumulative amount that the fees may be increased or decreased shall be the amount necessary to provide sufficient moneys to carry out the projected workload within the appropriations contained in the Governor’s Budget for the next succeeding fiscal year, or, to the extent that moneys received or projected to be received by the department are insufficient to carry out the projected workload within the appropriation authorized by the annual Budget Act during the then current fiscal year, an amount necessary to meet that appropriation and consistent with that projected workload.
(Amended by Stats. 2017, Ch. 534, Sec. 91. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12979.

12979. Notwithstanding the provisions of Section 12978, the commissioner shall establish a schedule of filing fees to be paid by insurers to cover any administrative or operational costs arising from the provisions of Article 10 (commencing with Section 1861.01) of Chapter 9 of Part 2 of Division 1.
(Added November 8, 1988, by initiative Proposition 103, Sec. 5.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Fees › Section 12980.

12980. The Financial Responsibility Penalty Account is hereby created in the General Fund. Moneys in the account shall be expended, upon appropriation therefor, for matters including, but not limited to, automobile insurance and financial responsibility of vehicle owners and operators.
(Added by Stats. 1985, Ch. 1494, Sec. 1. Effective October 2, 1985.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12990.

12990. The department shall adopt an accounting system, as recommended by the State Auditor in Report No. 93030, that will allow the department to accurately identify costs by the regulatory activities and to link the costs to fees collected for those regulatory activities.
(Added by Stats. 1994, Ch. 965, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12991.

12991. On and after October 1, 1995, the department may not levy any fee or fees under Section 736 or 12979 unless the fees are created in compliance with Sections 12992 and 12993.
(Added by Stats. 1994, Ch. 965, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12992.

12992. (a) The department shall determine the actual cost of providing each examination as authorized under Section 730 and following. The department shall then set each fee levied under Section 736 to be based on the actual cost of providing the examination.
(b) The department shall determine the actual administrative and operational costs arising from the provisions of Article 10 (commencing with Section 1861.01) of Chapter 9 of Part 2 of Division 1. The department shall then set the fees assessed under Section 12979 to be based on the actual administrative and operational costs arising from the provisions of Article 10 (commencing with Section 1861.01) of Chapter 9 of Part 2 of Division 1.
(Added by Stats. 1994, Ch. 965, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12993.

12993. The department shall provide the schedule of fees created under Section 12992, as well as the justification that the fees are based on the actual cost of the regulatory activity, to the Department of Finance, the Legislative Analyst, and the insurance committees in each house of the Legislature.
(Added by Stats. 1994, Ch. 965, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12994.

12994. On or before October 1, 1995, the department shall publish a schedule of all fees levied under Sections 736 and 12979. The fees shall be calculated in accordance with Sections 12992 and 12993. On or before January 15, 1996, the Bureau of State Audits shall complete an audit of the schedule of fees created by this section. The audit shall determine if the fees are in compliance with Section 12992.
(Added by Stats. 1994, Ch. 965, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 5 - Fee Oversight › Section 12995.

12995. (a) Notwithstanding any other provision of this code, all uncontested departmental billings for services or assessments authorized herein, which are not paid within 45 days of the invoice date, shall be subject to a late charge, unless waived or modified by the department. The late charge shall be 1
1
/
2
percent per month of the balance due. This late charge shall be compounded monthly.
(b) Billings from the department shall be postmarked within five working days of the invoice date. If the billing is postmarked more than five working days after the invoice date, the insurer shall be given 45 days from the date of the postmark to pay the amount due. In those instances where a billing is postmarked more than five working days after the invoice date, the insurer is required to submit the postmarked envelope with payment to avoid a late charge.
(c) Payments shall be postmarked by the due date to avoid a late charge. Except as provided in subdivision (d), contested billings for which the original amount is paid to the department after the 45 day period shall be subject to the late charge, unless waived or modified by the department. The insurer shall provide written notice of the contested billing and shall set forth the basis for the contestability in writing to the department prior to the due date.
(d) Late charges shall be tolled for the portion of the billing that is contested by an insurer. The commissioner shall consider the material submitted by the insurer and reach a decision on the contested billing within 30 days of receiving written notification that a billing is being contested. The commissioner’s written decision on contested amounts shall be final and written notification, including a revised amount, if any, shall be provided indicating the basis for the decision. This written notification shall also include an invoice date from which an insurer shall be given 30 days to remit payment. This section shall not preclude an insurer from filing a petition for writ of mandate in accordance with the provisions of the Code of Civil Procedure.
(e) All late charges collected pursuant to this section shall be deposited into the General Fund.
(f) This section shall not apply to the Insurance Department Schedule of Fees and Charges pursuant to Section 12978.
(Added by Stats. 1997, Ch. 798, Sec. 4. Effective October 9, 1997. Operative January 1, 1998, by Sec. 8 of Ch. 798.)
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 13500.

13500. The commissioner may deny, temporarily or permanently, the privilege of appearing or practicing before the department in any way to any person, other than an attorney acting in that capacity, who is found by the commissioner, after notice of and opportunity for hearing, to be subject to any of the following:
(a) The person does not possess the requisite qualifications to represent others.
(b) The person is lacking in character or integrity or has engaged in unethical or improper professional conduct.
(c) The person has willfully violated, or willfully aided and abetted the violation of any provision of this code, or the rules and regulations promulgated thereunder.
(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 13501.

13501. Any person whose license to practice as an accountant, actuary, or other expert has been revoked or suspended in any state, territory, district, commonwealth, or possession, or any person who has been convicted of a felony, or of a misdemeanor involving moral turpitude, shall be forthwith suspended from appearing or practicing before the commissioner. A suspension, revocation, or conviction within the meaning of this article shall be deemed to have occurred when the suspending, revoking, or convicting agency or tribunal enters its judgment or order, regardless of whether appeal is pending or could be taken, and includes a judgment or order on a plea of nolo contendere.
(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 13502.

13502. (a) An application for reinstatement of a person permanently suspended or disqualified under Section 13500 may be made at any time, and the applicant may, in the commissioner’s discretion, be afforded a hearing. However, the suspension or disqualification shall continue unless and until the applicant has been reinstated by the commissioner for good cause shown.
(b) Any person suspended under Section 13501 shall be reinstated by the commissioner, upon appropriate application, if all the grounds for application of the provisions of Section 13501 are subsequently removed by a reversal of the conviction or termination of the suspension or revocation. An application for reinstatement on any other grounds by any person suspended under Section 13501 may be filed at any time and the applicant shall be afforded an opportunity for a hearing in the matter. However, the suspension shall continue unless and until the applicant has been reinstated by the commissioner for good cause shown.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)