reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 1 - General Provisions › Section 15001.

15001. As used in this chapter, the following terms have the following meanings:
(a) “Apprentice public insurance adjuster” means a person who is qualified in all respects as a public adjuster, except as to experience, education, or training.
(b) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(c) “Catastrophic disaster” means an event that results in large numbers of deaths and injuries; causes extensive damage or destruction of facilities that provide and sustain human needs; produces an overwhelming demand on state and local response resources and mechanisms; causes a severe long-term effect on general economic activity; and severely affects state, local, and private sector capabilities to begin and sustain response activities. A catastrophic disaster shall be declared by the President of the United States or the Governor of the state or district in which the disaster occurred.
(d) “Commissioner” means the Insurance Commissioner.
(e) “Department” means the Department of Insurance.
(f) “Fingerprints” means an impression of the lines on the finger taken for the purposes of identification.
(g) “Home state” means the District of Columbia and any state or territory of the United States in which the public insurance adjuster’s principal place of residence or principal place of business is located. If neither the state in which the public insurance adjuster maintains the principal place of residence nor the state in which the public insurance adjuster maintains the principal place of business has a substantially similar law governing public insurance adjusters, the public insurance adjuster may declare another state in which it becomes licensed and acts as a public insurance adjuster to be the “home state.”
(h) “Licensee” means a person licensed under this chapter.
(i) “Person” includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation.
(Amended by Stats. 2016, Ch. 833, Sec. 4. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 1 - General Provisions › Section 15002.

15002. Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he or she is an active member of the State Bar of California.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 2 - Administration › Section 15003.

15003. The commissioner may, in accordance with the State Civil Service Act, appoint those inspectors, investigators, and other personnel as may be necessary for the administration and enforcement of this chapter.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 2 - Administration › Section 15004.

15004. Every power and duty granted to or imposed upon the commissioner may be exercised by any other officer or employee of the department authorized by the commissioner, but the commissioner shall have the supervision of and the responsibility for all powers and duties exercised by those officers and employees.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 2 - Administration › Section 15005.

15005. The commissioner may adopt and enforce reasonable rules:
(a) Fixing the qualifications of licensees in addition to those prescribed in the chapter, necessary to promote and protect the public welfare.
(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
(c) For a change in the classification of a licensee, or in the type of business organization upon application therefore by a licensee, and to prescribe the fee, if any, to be paid.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15006.

15006. (a) No person shall engage in a business regulated by this chapter, or act or assume to act as, or represent himself or herself to be, a licensee unless he or she is licensed under this chapter. Any person who violates this subdivision shall, in addition to any other penalties provided by law, be liable to the state for a civil penalty in an amount not exceeding ten thousand dollars ($10,000), or if that violation is willful, in an amount not exceeding twenty-five thousand dollars ($25,000). The penalty shall be assessed and recovered in a civil action brought by the commissioner in a court of competent jurisdiction in the name of the people of the State of California.
(b) Any contract for services regulated by this chapter that is entered into by an insured with any person who is in violation of subdivision (a) may be voided at the option of the insured, and the insured shall not be liable for the payment of any past services rendered, or future services to be rendered, by that person under that contract or otherwise.
(c) Whenever it appears to the commissioner that any person is engaging in acts or practices in violation of subdivision (a), the commissioner may, without any requirement of notice or hearing, issue and cause to be served upon that person an order requiring that person to cease and desist immediately from engaging further in those acts or practices.
(d) Any person who fails to comply fully with an order of the commissioner issued under subdivision (c) shall be liable to the state for a civil penalty in an amount not exceeding one hundred dollars ($100) per day for each and every day that the violation or failure to comply continues, but in no event to exceed a maximum amount of five thousand dollars ($5,000). The commissioner shall collect the amount so payable and may bring an action in a court of competent jurisdiction in the name of the people of the State of California to enforce collection. This penalty is in addition to any other penalties provided by law.
(e) The powers vested in the commissioner by this section are in addition to any and all other powers and remedies vested in the commissioner by law, and nothing herein shall be construed as requiring the commissioner to employ the powers conferred in this section instead of or as a condition precedent to the exercise of any other power or remedy vested in the commissioner.
(Amended by Stats. 2004, Ch. 600, Sec. 1. Effective January 1, 2005.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15007.

15007. A public insurance adjuster within the meaning of this chapter is a person who, for compensation, acts on behalf of or aids in any manner, an insured in negotiating for or effecting the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property or any person who advertises, solicits business, or holds himself or herself out to the public as an adjuster of those claims and any person who, for compensation, investigates, settles, adjusts, advises, or assists an insured with reference to claims for those losses on behalf of any public insurance adjuster.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15008.

15008. This chapter does not apply to any of the following:
(a) An attorney at law admitted to practice in this state, when performing his or her duties as an attorney at law.
(b) Photographers, estimators, appraisers, engineers, and arbitrators, who are employed exclusively by a public insurance adjuster for the purpose of furnishing technical assistance to a licensed public insurance adjuster.
(c) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract.
(d) A person who settles subrogation claims between insurers.
(Amended by Stats. 2016, Ch. 833, Sec. 5. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15009.

15009. An application for a license under this chapter shall be on a form prescribed by the commissioner and accompanied by the application fee provided by this chapter. Every applicant for a license under this chapter shall comply with the provisions of Section 1703.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15009.1.

15009.1. (a) The applicant shall complete a 20-hour prelicensing course of study for the lines of authority for a public insurance adjuster license.
(b) An applicant who resides in another state that does not license public insurance adjusters is eligible to designate California as his or her home state. He or she is required to complete the prelicensing education, pass the public insurance adjuster examination, and meet the license application requirements before a license can be issued.
(c) An applicant licensed as a public insurance adjuster in another state is exempt from completing a prelicensing education course to apply for a California public insurance adjuster license if, at the time of application, the applicant’s out-of-state license is current or was canceled within 90 calendar days.
(Added by Stats. 2016, Ch. 833, Sec. 6. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15010.

15010. An application shall be verified and shall include all of the following:
(a) The full name and business address of the applicant.
(b) The name under which the applicant intends to do business.
(c) A statement as to the general nature of the business in which the applicant intends to engage.
(d) If the applicant is a person other than an individual, the full name and resident address of each of its partners, officers, and directors.
(e) Two photographs, not older than six months, of the applicant, of a type prescribed by the commissioner, and one classifiable set of his or her fingerprints, to be sent to a live scan fingerprint provider as directed by the department, if fingerprints are not submitted in person with a live scan fingerprinting service provider certified by the Department of Justice.
(f) A verified statement of his or her experience qualifications.
(g) Other information, evidence, statements, or documents as may be required by the commissioner.
(Amended by Stats. 2016, Ch. 833, Sec. 7. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15011.

15011. Before an application for a license is granted, the applicant shall meet all of the following requirements:
(a) Be at least 18 years of age.
(b) Shall not have committed acts or crimes constituting grounds for denial of licensure under Section 1668 or 1669.
(c) Shall have at least two years’ experience in the handling of loss claims under insurance contracts as determined by regulations adopted by the commissioner, and be competent to transact business and discharge the responsibilities of a public insurance adjuster in a manner as to safeguard the interests of the public. A person who has been licensed as an apprentice public insurance adjuster, as set forth in Section 15016, for 12 full months, shall be considered to have met the two-year experience requirement.
(d) Maintain an office in the State of California with public access during regular business hours.
(e) Pass an exam given by the commissioner in regard to property loss adjusting.
(f) Post a surety bond executed by a surety company authorized to do business in this state in the sum of twenty thousand dollars ($20,000).
(g) For an organization applicant, designate a licensed individual public insurance adjuster to be responsible for the organization’s compliance with the insurance laws, rules, and regulations of this state.
(h) For an organization applicant, authorize only licensed individual public insurance adjusters to exercise authority under the organization’s license.
(i) Comply with any requirement to file supplementary documents, affidavits, and statements as may be necessary to obtain a full disclosure of the information that will aid the commissioner in determining whether the prerequisites for the license have been met.
(Amended by Stats. 2016, Ch. 833, Sec. 8. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15012.

15012. The license issued by the commissioner shall include, but not be limited to, adjusting claims for fire and allied coverages, burglary, flood, and all property claims both real and personal, and loss of income.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15013.

15013. Each applicant for a license as a public insurance adjuster shall, prior to issuance of the license, personally take and pass, to the satisfaction of the commissioner, an examination given by the department as follows:
(a) The examination shall be prescribed by the commissioner and shall be of sufficient scope to reasonably test the applicant’s knowledge, among other things, of basic insurance theory, essential elements of contracts, technical competence in the handling of the various lines for which the applicant is being tested, claims ethics and knowledge of the Unfair Practices Act, and the duties and responsibilities of public insurance adjusters under the law.
(b) The examination shall be given to applicants under the supervision of the department or the department’s examination contractor and shall be in written form.
(c) The commissioner shall, within a reasonable period of time, not to exceed 30 days, transmit the results of the examination and action taken on the application to the applicant.
(d) In the event an applicant who is otherwise qualified fails the examination, the commissioner may administer a reexamination.
(e) The examination shall be given at those times and places within the state as the commissioner deems reasonably necessary to serve the convenience of the department and applicants.
(Amended by Stats. 2016, Ch. 833, Sec. 9. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15016.

15016. (a) The apprentice public insurance adjuster license is a license to facilitate the training necessary to ensure reasonable competency to fulfill the responsibilities of a public insurance adjuster as defined in Section 15007.
(b) The apprentice public insurance adjuster license is subject to the following terms and conditions:
(1) The applicant shall submit, with an application for an initial apprentice public insurance adjuster license, an attestation or certification from a licensed public insurance adjuster assuming responsibility for all actions of that applicant.
(2) The apprentice public insurance adjuster is authorized to adjust claims only in California.
(3) The applicant is required to qualify under subdivisions (a) and (b) of Section 15011.
(4) The applicant is required to pay a license fee of one hundred dollars ($100).
(5) The applicant is required to comply with any requirement to file supplementary documents, affidavits, and statements as may be necessary to obtain a full disclosure of the information that will aid the commissioner in determining whether the prerequisites for the license have been met.
(6) The apprentice public insurance adjuster shall not be required to take and successfully complete the prescribed public insurance adjuster examination.
(7) The licensee shall at all times be an employee of a public insurance adjuster and be subject to training, direction, and control by a licensed public insurance adjuster.
(8) The apprentice public insurance adjuster license is for a period not to exceed 12 months, and the license shall not be renewed.
(9) The licensee is restricted to participation in factual investigation, tentative closing, and solicitation of losses subject to the review and final determination of a licensed public insurance adjuster.
(10) The licensee shall be subject to suspension, revocation, or conditions in accordance with Section 1668.
(11) The applicant shall submit two photographs, not older than six months, of the applicant, of a type prescribed by the commissioner, and one classifiable set of his or her fingerprints, to be sent to a live scan fingerprint provider as directed by the department, if fingerprints are not submitted in person with a live scan fingerprinting service provider certified by the Department of Justice.
(12) The apprentice public insurance adjuster shall complete the 20-hour prelicensing education course of study as defined in Section 15009.1 during the license period.
(Repealed and added by Stats. 2016, Ch. 833, Sec. 12. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15017.

15017. (a) A nonresident license shall be issued by the commissioner to qualified persons who meet the requirements set forth in Section 15011, and who have appointed the commissioner as an agent for service of process in this state.
(b) Unless denied licensure pursuant to Sections 15018, 15018.5, and 15019, a nonresident person shall receive a nonresident public insurance adjuster license if all of the following apply:
(1) The person is currently licensed in good standing as a public insurance adjuster in his or her home state.
(2) The person has paid the fees required by Section 15060.
(3) The person has provided proof of financial responsibility as required by Section 15033.
(4) The individual has submitted to the commissioner the completed application for licensure.
(5) The person’s home state awards nonresident public insurance adjuster licenses to residents of California on the same basis.
(Amended by Stats. 2016, Ch. 833, Sec. 13. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15018.

15018. After a hearing, the commissioner may deny a license unless the applicant makes a showing satisfactory to the commissioner that the applicant has not:
(a) Committed any acts or crimes constituting grounds for denial of license under Section 1668.
(b) Been refused a license under this chapter or had a license revoked.
(c) While unlicensed, committed, aided or abetted the commission of any acts for which a license is required in this chapter.
(d) Been convicted of any crime or wrongdoings in connection with this license.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15018.5.

15018.5. The commissioner may, without hearing, deny an application if the applicant has committed any act or been convicted of a crime constituting grounds for denial of license under Section 1669.
(Added by Stats. 2005, Ch. 448, Sec. 13. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15019.

15019. Whenever a hearing is held under this chapter to determine whether an applicant for a license should be granted or to determine the qualifications of a licensee, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11501) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15020.

15020. The form and content of the license shall be determined by the commissioner.
(Amended by Stats. 2016, Ch. 833, Sec. 14. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15021.

15021. The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15022.

15022. Upon the issuance of a license, a pocket card of that size, design, and content as may be determined by the commissioner shall be issued without charge to each licensee.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15024.

15024. 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 purposes of indentifying that principal place of business.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15025.

15025. A licensee shall within 30 days of the change notify the department of any change of his or her address. The principal place of business may be at home or at a business address but it shall be the place at which the licensee maintains a permanent office.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15026.

15026. 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 that location after compliance with the provisions of this chapter and those 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 of closing or changing the location of a branch office.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15027.1.

15027.1. (a) In addition to the restrictions in subdivision (e) of Section 15027, a licensee shall not solicit a contract of engagement for residential properties under this chapter that are included in an area subject to a catastrophic disaster until seven calendar days have elapsed from the conclusion of a loss-producing occurrence as defined in subdivision (d) of Section 15027.
(b) Subdivision (a) shall not apply if the licensee is contacted directly by the insured or the insured’s representative.
(c) Nothing in subdivision (a) shall prohibit a licensee from providing a policyholder, without making personal contact with the policyholder, with accurate written materials explaining services provided by public insurance adjusters.
(Amended by Stats. 2016, Ch. 833, Sec. 16. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15027.5.

15027.5. Any person acting as a public adjuster who has executed a contract as described in Section 15027 is the agent of the insured. While acting under the authority of such a contract, a public adjuster may not receive any fees or other consideration, monetary or otherwise, from either the insured or any other source, in excess of the amount or percentage provided in the contract. Any compensation received by the public adjuster from any party or any other source connected to the claim adjustment, including any contractor, insurer, or vendor, shall be disclosed by the public adjuster to the insured. The insured may rescind the contract if the adjuster fails to make the required disclosure or if the public adjuster’s receipt of any compensation from a third party conflicts with the interests of the insured.
(Added by Stats. 2005, Ch. 448, Sec. 16. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15028.

15028. No person licensed as a public insurance adjuster shall do any of the following:
(a) Use any misrepresentation to solicit a contract or agreement to adjust a claim.
(b) Solicit or accept remuneration from, or have a financial interest in, any salvage, repair or other firm which obtains business in connection with any claim he or she has a contract or agreement to adjust.
(c) Advance moneys to any potential client or insured in order to obtain business.
(d) Offer to pay a fee, commission, or other valuable consideration, exceeding one hundred dollars ($100), to a person for referring a loss unless he or she employs that person to so act for him or her and that person is licensed to act as an adjuster under the provisions of this chapter.
(e) Permit an employee or agent, in his or her own name, to advertise, engage clients, furnish reports, present bills to clients, or in any manner conduct business for which a license is required pursuant to this chapter.
(Amended by Stats. 2016, Ch. 833, Sec. 17. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15028.5.

15028.5. (a) A public insurance adjuster shall maintain a complete record of each of his or her transactions as a public insurance adjuster. The records shall include all of the following:
(1) The name of the insured.
(2) The date, location, and amount of the loss.
(3) A copy of the contract between the public insurance adjuster and the insured.
(4) The name of the insurer and the amount, expiration date, and number of each policy carried with respect to the loss.
(5) An itemized statement of the recoveries by the insured from the sources known to the public insurance adjuster.
(6) The total compensation received for the adjustment.
(7) An itemized statement of disbursements made by the public insurance adjuster from recoveries received on behalf of the insured.
(b) Records shall be maintained for at least five years after the termination of the transaction with the insured, and shall be open to examination by the commissioner.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15028.6.

15028.6. All funds received as claim proceeds by any person acting as a public insurance adjuster are received and held by that person in his or her fiduciary capacity. Any person who diverts or appropriates any fiduciary funds for his or her own use is guilty of theft and punishable for theft as provided by law. Every applicant for a license to act as a public insurance adjuster shall, as part of the application, endorse an authorization for disclosure to the commissioner of all financial records of any fiduciary funds as defined in this section, pursuant to Section 7473 of the Government Code. The authorization shall continue in force and effect for so long as the licensee continues to be licensed by the department.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15028.7.

15028.7. (a) A public adjuster who receives, accepts, or holds any funds on behalf of an insured towards the settlement of a claim for loss or damage shall deposit the funds in a non-interest-bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the adjuster’s home state or the state where the loss occurred.
(b) All funds held in an escrow or trust account shall be the property of the insured and shall be held pursuant to a written contract signed by the insured and the public adjuster.
(c) A public adjuster who receives any fiduciary funds shall, within 15 business days of receipt, deposit the funds in the escrow account and provide a written statement to the insured showing the amount of funds received and deposited in escrow.
(d) A public adjuster who, after reasonable diligence, is unable to obtain the endorsements of all payees designated on any bank draft representing fiduciary funds, or who receives a written statement from the insured indicating that he or she does not wish to establish an escrow or trust account, shall be exempt from the requirements of subdivisions (a) to (c), inclusive.
(e) The endorsement by a payee designated on any bank draft representing fiduciary funds shall not be construed as a waiver of any potential right of the payee to dispute the public adjuster’s entitlement to those funds or any portion thereof.
(Added by Stats. 2005, Ch. 448, Sec. 17. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15029.

15029. No person shall concurrently hold a license under the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 14000).
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15030.

15030. Each licensee shall maintain a record containing that information relative to his or her employees as may be prescribed by the commissioner.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15031.

15031. (a) 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.
(b) 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 that is used by another licensee that the public may be confused or misled thereby.
(c) The authorization shall require, as a condition precedent to the use of a fictitious name, that the licensee comply with Section 1724.5.
(d) A licensee desiring to conduct his or her business under more than one fictitious name shall obtain the authorization of the commissioner in a manner prescribed in this section for the use of additional fictitious names.
(e) The licensee shall pay a fee of twenty-five dollars ($25) for each authorization to use an additional fictitious 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-five dollars ($25) for that authorization.
(Amended by Stats. 2016, Ch. 833, Sec. 18. (SB 488) Effective January 1, 2017.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 3 - Regulation, Licensing, and Registration › Section 15032.

15032. Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, or 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. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 4 - Bonds › Section 15033.

15033. No license shall 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 twenty thousand dollars ($20,000) conditioned for the faithful and honest conduct of business by the applicant. The bond, as to its form, execution, and sufficiency of the surety shall be approved by the commissioner.
(Amended by Stats. 2005, Ch. 448, Sec. 18. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 4 - Bonds › Section 15034.

15034. The bond required by this chapter shall be taken in the name of the people in the 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 name to recover damages suffered by reason of that willful, malicious, or wrongful act.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 4 - Bonds › Section 15035.

15035. Every licensee shall at all times maintain on file the surety bond required by this chapter in full force and effect and upon failure to do so the license of the licensee shall be forthwith suspended and shall not be reinstated until an application therefore, in the form prescribed by the commissioner, is filed together with a proper bond. The commissioner may deny the application notwithstanding the applicant’s compliance with this section:
(a) For any reason which would justify a refusal to issue, or a suspension or revocation of, a license.
(b) For the performance of applicant of any practice while under suspension for failure to keep his or her bond in force, for which a license under this chapter is required.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 4 - Bonds › Section 15036.

15036. In lieu of the surety bond required by this chapter there may be deposited with the State of California the sum of twenty thousand dollars ($20,000) in cash, or evidence of deposit of the sum of twenty thousand dollars ($20,000) 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 twenty thousand dollars ($20,000) 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 twenty thousand dollars ($20,000) in a credit union as defined in Section 14002 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. 200. (SB 1498) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 4 - Bonds › Section 15037.

15037. Bonds executed and filed with the commissioner pursuant to this chapter shall remain in force and effect until the surety has terminated future liability by 30-day notice to the commissioner.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15038.

15038. Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 15044), 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. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15039.

15039. The commissioner may suspend or revoke a license issued under this chapter if he or she determines that the licensee has done any of the following:
(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of the license.
(b) Violated 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 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.
(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) Manufactured evidence.
(m) 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 that client or former client.
(Amended by Stats. 2006, Ch. 538, Sec. 476. Effective January 1, 2007.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15039.5.

15039.5. The commissioner may, without hearing, suspend or revoke a license issued under this chapter if he or she determines that the licensee has committed any act or crime constituting grounds for denial of license under Section 15018.5.
(Added by Stats. 2005, Ch. 448, Sec. 20. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15040.

15040. The record or conviction, or a certified copy thereof, shall be conclusive evidence of the conviction as that term is used in this article or in Section 15018 or 15018.5.
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 15018 or 15018.5. 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 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. 24. (AB 1511) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15041.

15041. The commissioner shall suspend or revoke a license issued under this chapter if the commissioner determines that the licensee 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 than that under which he or she is currently licensed in an advertisement, solicitation, or contract for business.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15042.

15042. The commissioner may suspend or revoke a license issued under this chapter if the commissioner determines that the licensee 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, any 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 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 that client or former client.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 5 - Disciplinary Proceedings › Section 15043.

15043. The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 15039, 15041, and 15042, may impose a civil penalty not to exceed five hundred dollars ($500) upon a licensee, if the commissioner determines that such action better serves the purposes of this chapter.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15044.

15044. As used in this article, “presiding officer” means the Executive Officer of the Office of Administrative Hearings.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15045.

15045. The acceptance of 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 in this state, either personally or through an employee, of any act for which a licensee is required by this chapter, is equivalent to the appointment by that licensee of the presiding officer as his or her true and lawful attorney upon who may be served all lawful process and any disciplinary proceedings conducted upon him or her under this chapter.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15046.

15046. 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 serviced upon him or her personally in this state.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15047.

15047. Service shall be made by leaving a copy of the accusation, together with notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of five dollars ($5) for each licensee to be served, in the hands of the presiding officer or in his or her office in Sacramento. That service shall be sufficient service on the licensees subject to compliance with Section 15048.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15048.

15048. A notice of that 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 commissioner. Personal service of the notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee whenever found outside this state shall be the equivalent to those mailings.
(Added by Stats. 1985, Ch. 1202, Sec. 1.)
2023 California Code › Insurance Code - INS › DIVISION 5 - INSURANCE ADJUSTERS › CHAPTER 2 - Public Insurance Adjusters Act › ARTICLE 6 - Nonresidents › Section 15049.

15049. Proof of compliance with Section 15048 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. That affidavit or 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 proven 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. 1985, Ch. 1202, Sec. 1.)