reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14034.

14034. Upon the issuance of a license, a pocket card of such size, design, and content as may be determined by the commissioner shall be issued without charge to each licensee, if an individual, or if the licensee is a person other than an individual, to its manager and to each of its officers and partners, which card shall be evidence that the licensee is duly licensed pursuant to this chapter. When any person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the department for cancellation.
(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 14035.

14035. A licensee shall, within 30 days after such change, notify the department of any change of his or her address and of any change in the officers or partners of such licensee. The principal place of business may be at a home or at a business address, but it shall be the place at which the licensee maintains a permanent office.
Applications, on forms prescribed by the commissioner, shall be submitted by all new officers or partners. The commissioner may suspend or revoke a license issued under this chapter if he or she determines that at the time the person became an officer or partner of a licensee, any of the facts stated in Section 14028 or 14028.5 existed as to such person.
(Amended by Stats. 2005, Ch. 448, Sec. 8. 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 14036.

14036. A license issued under this chapter is not assignable.
(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 14037.

14037. A licensee shall at all times be legally responsible for the good conduct in the business of each of the licensee’s employees or agents, including the licensee’s manager and any nonlicensed adjusters the licensee registers pursuant to Section 14022.5.
(Amended by Stats. 2019, Ch. 502, Sec. 6. (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 14038.

14038. (a) Any licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or district attorney, or to his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as he or she may be required by law to do so, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.
(b) No licensee or officer, director, partner, manager, or employee of a licensee shall knowingly make any false report to his or her employer or client for whom information was being obtained.
(c) No written report shall be submitted to a client except by the licensee, qualifying manager, or a person authorized by one or either of them, and such person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in such a report are true and correct.
(d) No licensee, or officer, director, partner, manager, or employee of a licensee shall use a badge in connection with the official activities of the licensee’s business.
(e) No licensee, or officer, director, partner, manager, or employee of a licensee, shall use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f) No licensee, or officer, director, partner, manager, or employee of a licensee, shall enter any private building or portion thereof without the consent of the owner or of the person in legal possession thereof.
(g) No licensee shall appear as an assignee party in any proceeding involving claim and delivery, replevin, or other possessory action, action to foreclose a chattel mortgage, mechanic’s lien, materialman’s lien, or any other lien.
(h) No licensee shall permit an employee or agent in his or her own name to advertise, engage clients, furnish reports, or present bills to clients, or in any manner whatever to conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i) No licensee acting as an independent automobile damage appraiser or adjuster or as an automobile insurance claims adjuster, appraiser or representative shall receive any financial benefit from an automobile repair facility. “Financial benefit” means the receiving of any commission or gratuity, discount on repair costs, free repairs, employment by a repair facility, or possession of more than 3 percent direct ownership in an automobile repair facility located in this state.
(Amended by Stats. 1981, Ch. 657, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14039.

14039. No person licensed as an insurance adjuster shall do any of the following:
(a) Fail to disclose his or her full financial interest in a contract or agreement executed by him or her for the adjustment of a claim prior to the execution thereof.
(b) Use any misrepresentation to solicit a contract or agreement to adjust a claim.
(c) Solicit or accept remuneration from, or have a financial interest exceeding 3 percent in, any salvage, repair, or other firm, which obtains business in connection with any claim which he or she has a contract or agreement to adjust.
(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 14040.

14040. Any badge or cap insignia worn by a person who is a licensee, officer, director, partner, manager, or employee of a licensee shall be of a design approved by the commissioner, and shall bear on its face a distinctive word indicating the name of the licensee and an employee number by which such person may be identified by the licensee.
(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 14041.

14041. Each licensee shall maintain a record containing such information relative to his or her employees as may be prescribed 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 14042.

14042. A licensee shall not conduct a business under a fictitious or other business name unless and until he or she has obtained the written authorization of the commissioner to do so.
The commissioner shall not authorize the use of a fictitious or other business name that is so similar to that of a public officer or agency or of that used by another licensee that the public may be confused or misled thereby.
The authorization shall require, as a condition precedent to the use of any fictitious name, that the licensee comply with Section 1724.5 of this code and Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.
A licensee desiring to conduct his or her business under more than one fictitious business name shall obtain the authorization of the commissioner in the manner prescribed in this section for the use of each name.
The licensee shall pay a fee of twenty-five dollars ($25) for each authorization to use an additional fictitious business name and for each change in the use of a fictitious business name. If the original license is issued in a nonfictitious name and authorization is requested to have the license reissued in a fictitious business name, the licensee shall pay a fee of twenty-nine dollars ($29) for that authorization.
(Amended by Stats. 2017, Ch. 534, Sec. 92. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 14043.

14043. Each licensee shall file with the commissioner the complete address of his or her principal place of business, including the name and number of the street or, if the street where the business is located is not numbered, the number of the post office box. The commissioner may require the filing of other information for the purpose of identifying such principal place of business.
(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 14044.

14044. Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, and license number as they appear in the records of the commissioner. The commissioner may adopt regulations defining the term “advertisement” as used in this section.
(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 14045.

14045. A licensee shall not advertise or conduct business from any location other than that shown on the records of the commissioner as his or her principal place of business unless he or she has received a branch office certificate for such location after compliance with the provisions of this chapter and such additional requirements necessary for the protection of the public as the commissioner may by regulation prescribe. A licensee shall notify the commissioner in writing within 10 days after closing or changing the location of a branch office.
(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 14046.

14046. (a) (1) The department shall annually prepare and deliver to every person licensed under this chapter and every insurer admitted in this state a notice describing the most significant California laws pertaining to property insurance policies, including those related to a declared state of emergency, as defined in Section 8558 of the Government Code, or other emergency declared by a public official.
(2) The department shall prepare and deliver to every person licensed under this chapter a handbook for adjusting in California that includes information relevant to evaluating damage caused by an emergency, catastrophe, disaster, or other similar occurrence, including wildfires. The handbook shall be the similar or equivalent to one hour of continuing education for licensees.
(b) For a claim under a policy of residential property insurance arising as a result of a declared state of emergency, as defined in Section 8558 of the Government Code, or other emergency declared by a public official, an insurer shall provide the claimant with a copy of the most recent notice described in paragraph (1) of subdivision (a) no later than 15 calendar days from the date on which the insurer received notice of the claim.
(c) After a declared state of emergency, as defined in Section 8558 of the Government Code, or other emergency declared by a public official, a supervising licensed adjuster shall require any nonlicensed adjuster it has registered with the department pursuant to subdivision (b) of Section 14022.5 and any nonlicensed adjuster exempted from this chapter pursuant to subdivision (a) of Section 14022 to read and understand the most recent notice described in paragraph (1) of subdivision (a) and the most recent handbook described in paragraph (2) of subdivision (a) no later than 15 calendar days from the date on which the nonlicensed adjuster began claims adjusting activity in California.
(d) The commissioner shall make the notice described in paragraph (1) of subdivision (a), the handbook described in paragraph (2) of subdivision (a), and the certification process required pursuant to paragraph (3) of subdivision (a) of Section 14022.5 accessible through a dedicated page on the department’s internet website.
(Added by Stats. 2019, Ch. 502, Sec. 7. (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 14047.

14047. (a) For a claim under a policy of residential property insurance arising as a result of a state of emergency, as defined in subdivision (b) of Section 8558 of the Government Code, if, within a six-month period, an insurer assigns a third or subsequent first-party real or personal property claims adjuster to be primarily responsible for a claim, the insurer, in a timely manner, shall provide the insured with a written status report, establish a primary point of contact for the insured, and provide the insured with one or more direct means of communication with the primary point of contact.
(b) The primary point of contact shall be available to respond to inquiries by the insured related to the residential property insurance claim. Other claims personnel, vendors, or professionals, including clerical staff members and call center staff members, may work on portions of the insured’s claim. Once assigned, the primary point of contact shall remain assigned to the insured’s claim until the insurer determines that the residential property claim is closed or litigation has been filed.
(c) The insurer shall ensure that the primary point of contact refers and transfers an insured to the appropriate supervisor with a span of control over the primary point of contact upon the request of the insured. This process shall be satisfied by a referral to a first-tier or second-tier manager with authority over claim handling.
(d) For purposes of this section:
(1) “Policy of residential property insurance” has the same meaning as defined in Section 10087.
(2) “Primary point of contact” means a first-party real or personal property claims adjuster or team employed as a member or members of the insurer’s staff who are knowledgeable about the claim and its current status.
(Added by Stats. 2019, Ch. 502, Sec. 8. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 4 - Bonds › Section 14050.

14050. (a) A license shall not be issued under this chapter unless the applicant files with the commissioner a surety bond executed by a surety company authorized to do business in the state in the sum of two thousand dollars ($2,000) conditioned for the faithful and honest conduct of business by the applicant. The bond’s form, execution, and sufficiency of the sureties shall be approved by the commissioner.
(b) (1) Notwithstanding subdivision (a), a surety bond is not required for a licensed insurance adjuster, or an employee of a licensee, who adjusts claims on behalf of, and under the direction of, a licensee who is qualified as a manager, as described in Section 14029, and who has filed a surety bond or certificate of insurance. Notwithstanding subdivision (a), a licensed insurance adjuster, an employee of a licensee, or a qualified manager is not required to file a surety bond or certificate of insurance if that licensed insurance adjuster, employee of a licensee, or qualified manager adjusts claims for an association, organization, partnership, limited liability company, or corporation that has filed a surety bond or certificate of insurance.
(2) A surety bond or certificate of insurance filed for the purposes described in paragraph (1) shall provide the names of all licensed insurance adjusters, employees, or qualified managers who may perform duties under that surety bond or certificate of insurance on a form provided by the commissioner. Any changes, removals, or additions to the licensed insurance adjusters, employees, or qualified managers listed on the form shall be made within 30 days in the manner required by the commissioner.
(Amended by Stats. 2021, Ch. 627, Sec. 21. (AB 1511) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 4 - Bonds › Section 14051.

14051. The bond required by this article shall be taken in the name of the people of this state and every person injured by the willful, malicious, or wrongful act of the principal may bring an action on the bond in his or her own name to recover damages suffered by reason of such willful, malicious, or wrongful 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 4 - Bonds › Section 14052.

14052. (a) Every licensee who is required by this article to file a surety bond or a certificate of insurance shall at all times maintain on file the surety bond or certificate required by this article in full force and effect and shall maintain the names of all licensed insurance adjusters, employees, or qualified managers who may perform duties under that surety bond or certificate of insurance. If the licensee fails to maintain the surety bond or certificate or the names thereon, their license shall be immediately suspended and shall not be reinstated until an application therefor, in the form prescribed by the commissioner, is filed together with a proper surety bond or certificate.
(b) The commissioner may deny the application notwithstanding the applicant’s compliance with this section:
(1) For any reason that would justify a refusal to issue, or a suspension or revocation of, a license.
(2) For the performance by applicant of any practice while under suspension for failure to keep the bond or certificate in force, for which a license under this article is required.
(Amended by Stats. 2021, Ch. 627, Sec. 22. (AB 1511) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 4 - Bonds › Section 14053.

14053. In lieu of the surety bond required by this article there may be deposited with the State of California the sum of two thousand dollars ($2,000) in cash, or evidence of deposit of the sum of two thousand dollars ($2,000) in banks authorized to do business in this state and insured by the Federal Deposit Insurance Corporation, or investment certificates or share accounts in the amount of two thousand dollars ($2,000) issued by a savings association doing business in this state and insured by the Federal Deposit Insurance Corporation, or evidence of a certificate of funds or share account of the sum of two thousand dollars ($2,000) in a credit union, as defined in Section 14000 of the Financial Code, whose share deposits are guaranteed by the National Credit Union Administration or guaranteed by any other agency approved by the Department of Financial Protection and Innovation.
(Amended by Stats. 2022, Ch. 452, Sec. 199. (SB 1498) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 4 - Bonds › Section 14054.

14054. Bonds executed and filed with the commissioner pursuant to this article shall remain in force and effect until the surety has terminated future liability by 30-day notice to 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 5 - Disciplinary Proceedings › Section 14060.

14060. Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 14070), the proceedings under this article 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 and the commissioner shall have all 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 5 - Disciplinary Proceedings › Section 14061.

14061. The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if he or she determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the commissioner adopted pursuant to the authority contained in this chapter.
(d) Been convicted of any crime substantially related to the qualifications, functions and duties of the holder of the registration or license in question.
(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
(h) Committed assault, battery, or kidnapping, or used force or violence on any person, without proper justification.
(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
(j) Acted as a runner or capper for any attorney.
(k) Committed any act which is a ground for denial of an application for license under this chapter.
(l) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the commissioner.
(Amended by Stats. 1996, Ch. 707, Sec. 5. 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 5 - Disciplinary Proceedings › Section 14061.5.

14061.5. The commissioner may, without hearing, suspend or revoke a license issued under this chapter, or may issue a restricted license, if he or she determines that the licensee has committed any act or crime constituting grounds for denial of license under Section 14028.5.
(Added by Stats. 2005, Ch. 448, Sec. 9. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 5 - Disciplinary Proceedings › Section 14062.

14062. The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction, as that term is used in this article or in Section 14028 or 14028.5.
A plea or verdict of guilty or a plea of nolo contendere is deemed to be a conviction within the meaning of this article or of Section 14028 or 14028.5. The commissioner may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(Amended by Stats. 2021, Ch. 627, Sec. 23. (AB 1511) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 5 - Disciplinary Proceedings › Section 14063.

14063. The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the commissioner determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a) Used any letterhead, advertisement, or other printed matter, or in any matter whatever represented that he or she is an instrumentality of the federal government, a state or any political subdivision thereof.
(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
(Amended by Stats. 1996, Ch. 707, Sec. 6. 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 5 - Disciplinary Proceedings › Section 14064.

14064. The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the commissioner determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has committed any act in the course of the licensee’s business constituting dishonesty or fraud.
“Dishonesty or fraud” as used in this section includes, in addition to other acts not specifically enumerated herein, all of the following:
(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.
(b) Using illegal means in the collection or attempted collection of a debt or obligation.
(c) Manufacture of evidence.
(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by such client or former client.
(e) Impersonating, or permitting or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
(Amended by Stats. 1996, Ch. 707, Sec. 7. 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 5 - Disciplinary Proceedings › Section 14064.5.

14064.5. (a) The commissioner may, at any time, deny, suspend, or revoke a nonlicensed adjuster’s registration under Section 14022.5, or impose a restricted registration, in the same manner and on the same grounds as the commissioner may for a license as set forth in Sections 14026.5 to 14028.5, inclusive.
(b) The commissioner may deny, suspend, revoke, or restrict an adjusting firm’s license if a nonlicensed adjuster registered by the firm pursuant to Section 14022.5 commits an act that would give rise to suspension, revocation, or restriction of the firm’s license under Section 14038, 14039, or 14061 to 14064, inclusive.
(Added by Stats. 2019, Ch. 502, Sec. 9. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 5 - Disciplinary Proceedings › Section 14065.

14065. The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 14061, 14063, 14064, and 14064.5, may impose a civil penalty not to exceed five hundred dollars ($500) upon a licensee, if the commissioner determines that a penalty better serves the purposes of this chapter.
(Amended by Stats. 2019, Ch. 502, Sec. 10. (SB 240) Effective October 3, 2019.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 6 - Nonresidents › Section 14070.

14070. As used in this article, “presiding officer” means the executive officer of the Office of Administrative Hearings.
(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 6 - Nonresidents › Section 14071.

14071. The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her performance within this state, either personally or through an employee, of any act for which a license is required by this chapter, is equivalent to the appointment by such licensee of the presiding officer as his or her true and lawful attorney upon whom may be served all lawful process in any disciplinary proceeding conducted against him or her under 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 6 - Nonresidents › Section 14072.

14072. The acceptance of such rights and privileges as evidenced by such act shall signify the agreement of the licensee that any such process which is served against him or her in the manner provided in this article shall be of the same legal force and validity as if served upon him or her personally in this state.
(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 6 - Nonresidents › Section 14073.

14073. Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of two dollars ($2) for each licensee to be served, in the hands of the presiding officer or in his or her office in Sacramento. Such service shall be sufficient service on the licensee subject to compliance with Section 14074.
(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 6 - Nonresidents › Section 14074.

14074. A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered mail by the presiding officer to the licensee at his or her last known address as furnished by the commission. Personal service of such notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee wherever found outside this state shall be the equivalent of such mailing.
(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 6 - Nonresidents › Section 14075.

14075. Proof of compliance with Section 14074 shall be made in the event of service by mail by affidavit of the presiding officer or his or her authorized employee showing such service by mailing, together with the return receipt of the United States post office bearing the signature of the licensee or his or her agent. Such affidavit and receipt shall be appended to the original accusation on file with the commissioner. In the event of personal service outside this state, such compliance may be proved by the return of any duly constituted public officer qualified to serve process in civil actions in the state or jurisdiction where the licensee is found, showing such service to have been made. Such return shall be appended to the original accusation on file with 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 6 - Nonresidents › Section 14076.

14076. The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, such hearing officer, may order such postponements or continuances and grant such extensions of time as may be necessary to afford the licensee reasonable opportunity to defend the proceeding. In no event shall the licensee have less than 30 days after the date of service of the accusation in which to file a notice of defense, nor shall the notice of hearing provided for in Section 11509 of the Government Code or the notice and copy of affidavit referred to in Section 11514 of the Government Code be mailed or delivered less than 20 days prior to the date of hearing, and the time for making a request to cross-examine under Section 11514 of the Government Code shall not be less than 15 days.
(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 6 - Nonresidents › Section 14077.

14077. The presiding officer shall keep a record of all process served upon him or her pursuant to this article, which record shall show the day and hour of service.
(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 6 - Nonresidents › Section 14078.

14078. As used in this article, “nonresident” means a person who is not a resident of this state at the time of the performance of the act referred to in Section 14071.
(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 7 - Penal Provisions › Section 14080.

14080. Any person who knowingly falsifies the fingerprints or photographs submitted under subdivision (f) of Section 14024 is guilty of a felony. Any person who violates any of the other provisions of this chapter is guilty of a misdemeanor punishable by fine not to exceed five hundred dollars ($500), or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment.
(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 7.5 - Crop Insurance Adjusters › Section 14085.

14085. (a) Upon application, the commissioner shall issue a crop insurance adjuster license to a person who meets both of the following requirements:
(1) Obtains an insurance adjuster license, with the exception of the examination requirement of Section 14026.
(2) Provides evidence that he or she has satisfactorily completed the loss adjustment training curriculum and competency testing required by the Federal Crop Insurance Corporation Standard Reinsurance Agreement.
(b) For the purposes of this article, the following definitions apply:
(1) “Crop insurance” means insurance provided by the private insurance market that indemnifies for damage to crops from unfavorable weather conditions, fire, lightning, flood, hail, insect infestation, disease, or other yield-reducing conditions or perils, and multiple peril crop insurance reinsured by the federal crop insurance corporation.
(2) “Crop insurance adjuster” means a person who investigates, negotiates, or settles crop insurance claims.
(c) A person shall not act as or purport to be a crop insurance adjuster unless licensed as a crop insurance adjuster.
(d) A person shall not contract, employ, or use any other person to adjust claims made under a crop insurance policy unless the other person is licensed as a crop insurance adjuster.
(e) All provisions of this chapter and any regulations adopted pursuant to this chapter shall apply to crop insurance adjusters, unless exempted by or in conflict with this article or the regulations adopted pursuant to this article.
(f) The commissioner may adopt regulations to implement this article, including, but not limited to, regulations that require applicants to satisfy other competency requirements in addition to or instead of those referred to in paragraph (2) of subdivision (a), and regulations that establish standards of practice for crop insurance adjusters.
(Added by Stats. 2012, Ch. 786, Sec. 46. (AB 2303) Effective January 1, 2013.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 8 - Expiration and Renewal of Licenses and Cards › Section 14090.

14090. Every license, branch office certificate, and pocket card issued pursuant to this chapter shall expire on the day two years after the last calendar day of the month in which the initial license was issued. Licenses issued prior to January 1, 2011, shall expire on May 31 of each even-numbered year. To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the commissioner, and pay the renewal fee prescribed by this chapter. On renewal, the evidence of renewal of the license or certificate as the commissioner may prescribe, and renewal pocket cards for the persons mentioned in Section 14034, shall be issued to the licensee.
(Amended by Stats. 2010, Ch. 400, Sec. 29. (AB 2782) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 8 - Expiration and Renewal of Licenses and Cards › Section 14090.1.

14090.1. (a) An individual who holds an insurance adjuster license and who is not exempt under subdivision (b) shall satisfactorily complete a minimum of 24 hours, of which three hours are to be in ethics, of continuing education courses pertinent to the duties and responsibilities of an insurance adjuster license reported to the insurance commissioner on a biennial basis in conjunction with his or her license renewal cycle.
(b) This section does not apply to any of the following:
(1) A licensee not licensed for one full year prior to the end of the applicable continuing education biennium.
(2) A licensee holding a nonresident insurance adjuster license who has met the continuing education requirements of his or her designated resident state.
(3) An individual licensed as an insurance adjuster and as a property or casualty broker-agent, pursuant to Section 1625, who has met the continuing education requirements specified in Section 1749.3.
(Amended by Stats. 2013, Ch. 321, Sec. 28. (AB 1391) Effective January 1, 2014.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 8 - Expiration and Renewal of Licenses and Cards › Section 14090.2.

14090.2. Notwithstanding Section 14090, the commissioner may establish license periods and renewal dates for all licenses issued pursuant to this chapter so as to distribute the renewal work to permit the most efficient and economical use of personnel and equipment. In such cases, to the extent practicable, provision shall be made for the proration or other adjustment of fees so that no person shall be required to pay more than that which he or she would have been required to pay had no change in license periods or renewal dates been made.
(Added by renumbering Section 14090.1 by Stats. 2008, Ch. 300, Sec. 17. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 8 - Expiration and Renewal of Licenses and Cards › Section 14091.

14091. Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within one year after its expiration on the filing of an application for renewal on a form prescribed by the commissioner, and the payment of the renewal fee in effect on the last preceding regular renewal date. The licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license or certificate shall continue in effect through the date provided in Section 14090 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.
Renewal of a license or certificate shall not prohibit the bringing of disciplinary proceedings for an act committed before the effective date of the renewal.
(Amended by Stats. 2008, Ch. 300, Sec. 19. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 8 - Expiration and Renewal of Licenses and Cards › Section 14092.

14092. A suspended license or branch office certificate is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended, and renewal of the branch office certificate does not entitle the licensee, while the certificate remains suspended, and until it is reinstated, to engage in the licensed activity at the location for which the certificate was issued, or to engage in any other activity or conduct in violation of the order or judgment by which the certificate was suspended.
(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 8 - Expiration and Renewal of Licenses and Cards › Section 14093.

14093. A revoked license or branch office certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
(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 8 - Expiration and Renewal of Licenses and Cards › Section 14094.

14094. A license or branch office certificate which is not renewed within one year after its expiration may not be renewed, restored, reinstated, or reissued thereafter; and a license which expired before October 1, 1958, and was not reinstated before October 1, 1961, may not be renewed, restored, reinstated, or reissued.
The holder of the license or certificate may obtain a new license or certificate only on compliance with all of the provisions of this chapter relating to the issuance of an original license or certificate.
(Amended by Stats. 2008, Ch. 300, Sec. 20. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 9 - Revenue › Section 14097.

14097. The amount of fees prescribed by this chapter, unless otherwise fixed, is that fixed in the following schedule:
(a) The application fee for an original license is seventy-two dollars ($72).
(b) The application fee for an original branch office certificate is forty-seven dollars ($47).
(c) The fee for an original license is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the license is issued, except that, if the license will expire less than one year after its issuance, then the fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the license is issued. The commissioner may, by appropriate regulation, provide for the waiver or refund of the initial license fee if the license is issued less than 45 days before the date on which it will expire.
(d) The renewal fee shall be fixed by the commissioner as follows:
(1) For a license as an insurance adjuster, not more than two hundred eighty-three dollars ($283).
(2) For a branch office certificate, not more than fifty-six dollars ($56).
(e) The application and license fee for classifications prescribed by the commissioner, in addition to those provided for in this chapter, and the application and license fees for a change in the type of business organization of a licensee, shall be in the amount prescribed by rule and regulation of the commissioner.
(f) The delinquency fee shall be 50 percent of the renewal fee in effect on the date of expiration, but not more than seventy-two dollars ($72).
(g) The fee for reexamination of an applicant or his or her manager is twenty-nine dollars ($29).
(Amended by Stats. 2017, Ch. 534, Sec. 93. (AB 1699) Effective January 1, 2018.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 1 - Insurance Adjuster Act › ARTICLE 9 - Revenue › Section 14098.

14098. The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, to the credit of the Insurance Fund.
(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 9 - Revenue › Section 14099.

14099. Application or license fee shall not be refunded except in accordance with Section 158 of the Business and Professions Code.
(Added by Stats. 1980, Ch. 1190, Sec. 11. Operative July 1, 1981, by Sec. 13 of Ch. 1190.)