reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12920.

12920. The commissioner shall determine the sufficiency and validity of all securities required to be given by persons engaged, or to be engaged, in insurance business, and shall cause such security to be supplemented or renewed in case of the insufficiency or invalidity thereof.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12920.5.

12920.5. In addition to and independent of any and all other proper causes for refusal by the commissioner to approve or accept any bond filed or presented for filing with the commissioner under any provision of this code or other laws, the commissioner shall decline to approve, accept, or file any bond, if, in the commissioner’s opinion, the principal and the surety are affiliated in any manner whereby insolvency of the one party would affect the solvency of the other or whereby it is made uncertain whether or not that result might occur.
(Amended by Stats. 2021, Ch. 50, Sec. 245. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.

12921. (a) The commissioner shall perform all duties imposed upon the commissioner by the provisions of this code and other laws regulating the business of insurance in this state, and shall enforce the execution of those provisions and laws.
(b) In an administrative action to enforce the provisions of this code and other laws regulating the business of insurance in this state, any settlement is subject to all of the following:
(1) The commissioner may delegate the power to negotiate the terms and conditions of a settlement to designated deputy commissioners. The commissioner may delegate the power to approve a settlement, unless the settlement involves any of the following:
(A) An insurer.
(B) A managing general agent or production agent that manages the business of an insurer.
(C) A title company.
(D) A home protection company.
(E) An insurance adjuster whose claims practices are at issue.
(F) An insurance agent or broker, or an applicant for an insurance agent or broker license, who has allegedly engaged in theft, fraud, or the misappropriation of premium or other funds in an amount that exceeds fifty thousand dollars ($50,000).
(2) Unless specifically provided for in a provision of this code, the commissioner may not agree to any of the following:
(A) That the respondent contribute, deposit, or transfer any moneys or other resources to a nonprofit entity.
(B) That a respondent contribute, deposit, or transfer any fine, penalty, assessment, cost, or fee except to the commissioner for deposit in the appropriate state fund pursuant to Section 12975.7.
(C) That the commissioner may or shall direct the transfer, distribution, or payment to another person or entity of any fine, penalty, assessment, cost, or fee.
(D) The use of the commissioner’s name, likeness, or voice in any printed material or audio or visual medium, either for general distribution or for distribution to specific recipients.
(3) The commissioner may only agree to payment to those persons or entities to whom payment may be due because of the respondent’s violation of a provision of this code or other law regulating the business of insurance in this state.
(4) A settlement may only include the sanctions provided by this code or other laws regulating the business of insurance in this state, except that the settlement may include attorney’s fees, costs of the department in bringing the enforcement action, and future costs of the department to ensure compliance with the settlement agreement.
(c) Notwithstanding any other law, the commissioner may accept documents submitted for filing or approval, process transactions, and maintain records in electronic form or as paper documents, and may adopt regulations to further this subdivision.
(Amended by Stats. 2021, Ch. 50, Sec. 246. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.15.

12921.15. (a) On or before July 1, 1999, the commissioner shall prepare a written report, to be made available by the department to interested individuals upon written request, that details complaint and enforcement information on individual insurers in accordance with guidelines established under paragraph (5) of subdivision (a) of Section 12921.1. The report shall be made available by mail through the department’s consumer toll-free telephone number and through the department’s Internet website and transmitted via electronic mail if the individual has the ability to obtain the report in this manner. No complaint information shall be included in the report required by this section that has not been provided to the insurer in accordance with subdivision (c) of Section 12921.1
(b) The commissioner may also, if deemed appropriate, publish the record of complaints against the production agency that have been determined by the department to be justified and that will assist the public in selecting a production agency. No complaint data shall be published that has not been provided to the production agency in accordance with subdivision (c) of Section 12921.1.
(Amended by Stats. 2005, Ch. 312, Sec. 10. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.2.

12921.2. All public records of the department and the commissioner subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code shall be available for inspection and copying pursuant to those provisions at the offices of the department in the City of Oakland, the City of Los Angeles, and the City of Sacramento. Adequate copy facilities for this purpose shall be made available. Notwithstanding any other law, a person requesting copies of these records shall receive the copies from employees of the department and the fee charged for the copies shall not exceed the actual cost of producing the copies.
(Amended by Stats. 2022, Ch. 28, Sec. 119. (SB 1380) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.3.

12921.3. (a) The commissioner, in person or through employees of the department, shall receive complaints and inquiries, investigate complaints, prosecute insurers or production agencies when appropriate and according to guidelines determined pursuant to Section 12921.1, and respond to complaints and inquiries by members of the public concerning the handling of insurance claims, including, but not limited to, violations of Article 10 (commencing with Section 1861) of Chapter 9 of Part 2 of Division 1, by insurers or production agencies, or alleged misconduct by insurers or production agencies.
(b) The commissioner shall not decline to investigate complaints for any of the following reasons:
(1) The insured is represented by an attorney in a dispute with an insurer, or is in mediation or arbitration.
(2) The insured has a civil action against an insurer.
(3) The complaint is from an attorney, if the complaint is based upon evidence or reasonable beliefs about violations of law known to an attorney because of a civil action.
(c) The commissioner may defer the investigation until the finality of a dispute, mediation, arbitration, or civil action involving the claim is known.
(d) The commissioner, as he or she deems appropriate, and pursuant to Section 12921.1, shall provide for the education of, and dissemination of information to, members of the general public or licensees of the department concerning insurance matters.
(Amended by Stats. 2005, Ch. 723, Sec. 9.5. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.4.

12921.4. (a) The commissioner shall, upon receipt of a written complaint with respect to the handling of an insurance claim or other obligation under a policy by an insurer or production agency, or alleged misconduct by an insurer or production agency, notify the complainant of the receipt of the complaint within 10 working days of receipt. Thereafter, the commissioner shall notify the complainant of the final action taken on that complaint within 30 days of the final action.
The department shall include, with each notification of final action, or, at a minimum, with a number of randomly selected notifications of final action sufficient to assure the validity of results, a complaint handling evaluation form. This form shall clearly and concisely seek an evaluation of the department’s performance in handling the complainant’s grievance. The areas of evaluation shall include, but not be limited to: whether the complaint was handled in a fair and reasonable manner, evaluated thoroughly and without bias; the time required for resolution of the complaint; whether the complaint was referred and, if so, whether it was referred within a satisfactory time; whether the staff involved in handling the complaint demonstrated an adequate knowledge of the issues involved in the complaint; whether the complainant was satisfied with the result of the department’s intervention; and whether the complainant would recommend the department’s complaint handling services to others.
The commissioner shall, if deemed appropriate, notify insurers or production agencies against whom the complaint is made of the nature of the complaint, may request appropriate relief for the complainant, and may meet and confer with the complainant and the insurer in order to mediate the complaint. This section shall not be construed to give the commissioner power to adjudicate claims.
(b) The commissioner shall ascertain patterns of complaints by insurer, geographic area, insurance line, type of violation, and any other valid basis the commissioner may deem appropriate for further investigation, and periodically evaluate the complaint patterns to determine additional audit, investigative, or enforcement actions which may be taken by the commissioner, and report on all actions taken with respect to those patterns of complaints in the commissioner’s annual report to the Governor pursuant to Section 12922, and to the public. For the purposes of this subdivision, complaints mean those written complaints received by the commissioner under subdivision (a), and written complaints received by the commissioner from any other sources, alleging misconduct or unlawful acts by insurers or production agencies.
(Amended by Stats. 2021, Ch. 50, Sec. 247. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.5.

12921.5. The commissioner may in person or through employees of the division meet with persons, organizations and associations interested in insurance for the purpose of securing cooperation in the enforcement of the insurance laws of this State and may disseminate information concerning the insurance laws of this State for the assistance and information of the public.
(Added by Stats. 1941, Ch. 379.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.6.

12921.6. (a) (1) If no fee is designated in this code for the review of filings required to be made pursuant to this code, the commissioner may establish a fee to permit the department to recover the actual cost of review of those filings. The fee so established shall not be increased by more than twenty-five dollars ($25), unless the increase is made by law.
(2) If this code designates a fee for any required filing, which fee the commissioner determines to be inadequate to cover the actual cost of review, the commissioner may assess an additional fee pursuant to this section not to exceed 25 percent of the fee designated by the code for the filing.
(3) Any person assessed a fee under this section shall be entitled, upon request, to receive reasonable substantiation from the department for the fee assessed, based upon the cost records of the department.
(4) As used in this section, “filings” means those items which the insurers are required to file with the department or commissioner pursuant to this code.
(b) The fee provided for by this section shall be assessed without regard to the requirements of Section 12978 as to uniformity of increase, but shall be based upon the actual cost to the department for the review of the filing.
(c) As used in this section, “person” means any person or entity subject to examination by the commissioner, or purporting to do insurance business in this state, or in the process of organization with intent to do insurance business in this state, or from whom the commissioner’s certificate of authority is required for the transaction of business, or whose certificate of authority is revoked or suspended.
(Added by Stats. 1988, Ch. 855, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.7.

12921.7. Notwithstanding any other provision of law, the following shall apply to the adoption by the commissioner of any regulation as an emergency regulation pursuant to subdivision (b) of Section 11346.1 of the Government Code.
(a) At least 5 working days prior to submission of the emergency regulation to the Office of Administrative Law, the commissioner shall mail a notice of proposed emergency action to every person, group, or association who had previously filed a request for notice of regulatory actions with the commissioner.
(b) The notice of proposed emergency action shall include the following:
(1) A description of the problem and the necessity for the regulation.
(2) A description of the justification for adoption of the regulation as an emergency regulation.
(3) A copy of the text of the proposed emergency regulation.
(Added by Stats. 1992, Ch. 793, Sec. 1. Effective January 1, 1993.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.8.

12921.8. (a) The commissioner may do the following:
(1) Issue a cease and desist order to a person who has acted in a capacity for which a license, registration, or certificate of authority from the commissioner was required but not possessed.
(2) Issue a cease and desist order to a person who has aided or abetted a person described in paragraph (1).
(3) Impose a monetary penalty, pursuant to an order to show cause, on a person described in paragraph (1) or (2). The monetary penalty shall be the greater of the following:
(A) Five times the amount of money received by the person for acting in the capacity for which the license, registration, or certificate of authority was required but not possessed.
(B) Five thousand dollars ($5,000) for each day the person acted in the capacity for which the license, registration, or certificate of authority was required but not possessed. In the absence of contrary evidence, it shall be presumed that a person continuously acted in a capacity for which a license, registration, or certificate of authority was required on each day from the date of the earliest such act until the date those acts were discontinued, as proven by the person at a hearing.
(b) A person to whom a cease and desist order or order to show cause has been issued, may, within seven days after service of the order, if a hearing has not already been scheduled by the commissioner, request a hearing by filing a request for the hearing with the commissioner. The hearing shall be conducted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and 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.
(c) A person who has a hearing pursuant to subdivision (b) shall be entitled to have the proceedings and the order of the commissioner reviewed by means of any remedy provided by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(Amended by Stats. 2023, Ch. 204, Sec. 17. (AB 1140) Effective January 1, 2024.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12921.9.

12921.9. (a) A letter or legal opinion signed by the Commissioner or the Chief Counsel of the Department of Insurance that was prepared in response to an inquiry from an insured or other person or entity and that discusses either generally or in connection with a specific fact situation the application of the Insurance Code or regulations promulgated by the commissioner shall be made public. The department may redact the name, address, policy number, and other identifying information regarding a particular insured or other person or entity from the letter or legal opinion when it is made public.
(b) A letter or legal opinion made public pursuant to this section shall not be construed as establishing an agency guideline, criterion, bulletin, manual, instruction, order, standard of general application, rule, or regulation, as those terms are described in Sections 11340.5 and 11342.600 of the Government Code.
(Added by Stats. 2001, Ch. 727, Sec. 16. Effective January 1, 2002.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12922.

12922. The commissioner shall, on or before the first day of August in each year, make a report to the Governor, the Legislature, and to the committees of the Senate and Assembly having jurisdiction over insurance containing a tabular statement and synopsis of the reports which have been filed in the commissioner’s office and showing, generally, the condition of the insurance business and interests in this state, and other matters concerning insurance. The report shall also contain a detailed verified statement, of the moneys and fees of office received by the commissioner, and for what purpose.
(Amended by Stats. 2021, Ch. 50, Sec. 248. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12922.5.

12922.5. (a) The commissioner shall convene a working group to identify, assess, and recommend risk transfer market mechanisms that:
(1) Promote investment in natural infrastructure to reduce the risks of climate change related to catastrophic events.
(2) Create incentives for investment in natural infrastructure to reduce risks to communities.
(3) Provide mitigation incentives for private investment in natural lands to lessen exposure and reduce climate risks to public safety, property, utilities, and infrastructure.
(b) To the extent that the working group recommends risk transfer market mechanisms that would be provided by insurance and reinsurance companies, the working group shall recommend mechanisms that:
(1) Are profitable to insurance and reinsurance companies.
(2) If appropriate, apply to communities or regions, rather than individual land parcels.
(c) The policies recommended pursuant to subdivisions (a) and (b) shall include all of the following questions:
(1) What are the California analogies to examples in other countries for creating incentives for investment in natural infrastructure as part of insurance policies that mitigate elemental risks?
(2) Can we use insurance to create incentives for wetland restoration to help defend the coast against storm surge?
(3) Can we create incentives for forests to be managed to reduce the risk of major fires?
(4) Can we reduce the exposure of insurance companies to climate change-related losses through innovative state policies or insurance pricing mechanisms that reward good behavior and charge premiums for actions that increase public safety risks or losses of property or environmental attributes?
(5) Can we develop rating systems based on community risk factors to climate events, and use insurance incentives to make a community more resilient?
(Amended by Stats. 2019, Ch. 497, Sec. 181. (AB 991) Effective January 1, 2020.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12923.

12923. (a) With respect to all classes of insurance (1) to (20), inclusive, as defined in Sections 101 to 120, inclusive, “actuary,” for the purposes of this section, means either of the following:
(1) A member of the American Academy of Actuaries.
(2) An individual who has demonstrated by training and experience actuarial competence to the satisfaction of the Insurance Commissioner.
(b) The commissioner shall, after notice and hearing, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, promulgate reasonable rules and regulations which do all of the following:
(1) Describe the documents which must be signed by an actuary when the documents are filed with the commissioner.
(2) Implement paragraph (2) of subdivision (a).
(Amended by Stats. 1985, Ch. 106, Sec. 105.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12923.5.

12923.5. (a) The Department of Managed Health Care and the Department of Insurance shall maintain a joint senior level working group to ensure clarity for health care consumers about who enforces their patient rights and consistency in the regulations of these departments.
(b) The joint working group shall undertake a review and examination of the Health and Safety Code, the Insurance Code, and the Welfare and Institutions Code as they apply to the Department of Managed Health Care and the Department of Insurance to ensure consistency in consumer protection.
(c) The joint working group shall review and examine all of the following processes in each department:
(1) Grievance and consumer complaint processes, including, but not limited to, outreach, standard complaints, including coverage and medical necessity complaints, independent medical review, and information developed for consumer use.
(2) The processes used to ensure enforcement of the law, including, but not limited to, the medical survey and audit process in the Health and Safety Code and market conduct exams in the Insurance Code.
(3) The processes for regulating the timely payment of claims.
(d) The joint working group shall report its findings to the Insurance Commissioner and the Director of the Department of Managed Health Care for review and approval. The commissioner and the director shall submit the approved final report under signature to the Legislature by January 1 of every year for five years.
(Added by Stats. 2002, Ch. 793, Sec. 2. Effective January 1, 2003.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12924.

12924. (a) The commissioner may issue subpoenas and subpoenas duces tecum for witnesses to attend, testify, and produce documents before the commissioner, on any subject touching insurance business, or in aid of the commissioner’s duties. This process may be served, obeyed, and enforced as provided in the Code of Civil Procedure for civil cases. A defaulting witness may, upon application by the commissioner to the superior court, be required by order of the court to appear before the commissioner to testify as the court may order. The court may punish disobedience of its order as a contempt of court.
All the provisions of the Code of Civil Procedure relating to means of production of evidence shall be applicable to any hearing or investigation under this section. The provisions of this subdivision shall not apply to proceedings required by other provisions of this code to be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.
(b) A person shall not be excused from testifying or from producing any book, document, or other thing under the person’s control upon any hearing or investigation on the ground that the person’s testimony, or the book, document, or other thing required, may tend to incriminate the person, or may have a tendency to subject the person to punishment for a felony or misdemeanor; but no individual shall be prosecuted or be subjected to punishment for a felony or misdemeanor for or on account of any act, transaction, matter, or thing concerning which that individual is so compelled, after validly claiming the privilege against self-incrimination, to testify or produce, except for perjury or contempt committed in that testimony.
(Amended by Stats. 2021, Ch. 50, Sec. 249. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12925.

12925. The commissioner shall keep and preserve in a permanent form a full record of the commissioner’s proceedings, including a concise statement of the condition of each insurer, surplus line broker, or motor club examined as to their condition and affairs.
(Amended by Stats. 2021, Ch. 50, Sec. 250. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12926.2.

12926.2. (a) As used in this section, “extraordinary circumstances” means circumstances outside of the control of a licensee that severely and materially affect the licensee’s ability to conduct normal business operations.
(b) In determining noncompliance with this code and regulations adopted pursuant to this code, and appropriate penalties, if any, the commissioner may consider evidence concerning the existence of extraordinary circumstances.
(c) A settlement agreement between the commissioner and an insurer may not contain a provision referencing the existence of extraordinary circumstances relative to the subject matter at issue, unless the agreement specifies the precise period of time during which extraordinary circumstances were in existence. Except as provided in subdivision (d), extraordinary circumstances may not be stated to exist for a duration of more than six months.
(d) A settlement agreement may concede the existence of extraordinary circumstances for a period of time exceeding six months if all of the following conditions are met:
(1) The commissioner makes a finding in the agreement that extraordinary circumstances existed for more than six months, and documents in that finding facts supporting that conclusion.
(2) The finding identifies the public purpose justifying the extension of extraordinary circumstances beyond the six-month period.
(3) The beginning and ending date, by month and year, of the commencement and termination of the extraordinary circumstances are identified.
(Added by Stats. 2001, Ch. 727, Sec. 17. Effective January 1, 2002.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12927.

12927. All statements, estimates, percentages, payments, and calculations, required by this code to be made, either by the commissioner or insurers, shall be made on the basis of lawful money of the United States.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12928.

12928. Whenever the commissioner ascertains that any insurer or any of its agents, officers or employees or any other person is guilty of violating any of the penal provisions of this code or of other laws he shall certify the facts of the violation to the district attorney of the county in which such offense was committed.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12928.5.

12928.5. Whenever facts exist by reason of which, under any provision of this code, or other laws the commissioner may suspend, revoke, or deny any license or certificate of authority granted under any provision of this code, if the making or maintenance in force of a contract of insurance is one of the circumstances out of which facts arise, or, if, by reason of the existence of those facts, or in connection therewith a contract of insurance is made or maintained in force, the commissioner may, in lieu of or in addition to, the suspension, revocation, or denial of license or certificate, by order require the immediate cancellation of the contract, unless the contract, by its terms, is not subject to cancellation by the insurer and the insured did not knowingly participate in the wrongful acts.
The commissioner may also notify the insured, stating the reason why the cancellation was required.
In such a case, whether or not the particular contract is thus required to be canceled or is subject to cancellation, the commissioner may order the insurer, insurance agent, broker, solicitor, surplus line broker, or life agent soliciting, negotiating, or effecting the insurance to refrain from effecting insurance upon the property, risk, or insured under the contract for not exceeding five years from the date of the order.
The commissioner may suspend or revoke, or deny an application for, any license or certificate of authority granted under any provision of this code to any applicant or licensee violating any order issued by the commissioner pursuant to this section.
(Amended by Stats. 2021, Ch. 50, Sec. 251. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12928.6.

12928.6. (a) Whenever the commissioner believes, from evidence satisfactory to the commissioner, that a person is violating or about to violate this code or an order or requirement of the commissioner issued or promulgated pursuant to authority expressly granted the commissioner by this code or by law, the commissioner may bring an action in the name of the people of the State of California in the superior court of the State of California against the person to enjoin that person from continuing the violation or engaging therein or doing any act in furtherance thereof. In that action, an order or judgment may be entered awarding the preliminary or final injunction as is proper.
(b) (1) The commissioner may apply to the clerk of the superior court for a judgment to enforce an order requiring a person to pay restitution, a monetary penalty, or reimburse the department for costs incurred by the department in prosecuting a matter. The commissioner’s application shall include a certified copy of the order and any associated decision.
(2) Subject to the requirements of paragraph (3), the order and decision shall constitute a sufficient showing to warrant issuance of a judgment in the amount ordered by the commissioner, plus interest. The clerk of the court shall accordingly enter a judgment within five court days.
(3) For an order to qualify for a judgment pursuant to this section, the application shall be accompanied by a declaration given by the legal counsel for the commissioner affirming on information and belief that a petition for mandamus or other legal action for relief from the order has either been denied, or the time for the filing of a petition or action has lapsed.
(4) A judgment entered under this section has the same force and effect as, and is subject to all the laws relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(Amended by Stats. 2022, Ch. 540, Sec. 1. (SB 1040) Effective January 1, 2023.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12929.

12929. Irrespective of any provision in any law of this state the commissioner, pursuant to this code, has been and is authorized to correct: by amendment, by partial deletion, or by partial addition, any record, finding, determination, order, rule, or regulation made by the commissioner upon becoming satisfied that it is fair, just, and equitable to make the correction and that any record, finding, determination, order, rule, or regulation would have included the correction except for mistake, clerical error, inadvertence, surprise, or excusable neglect.
The correction shall only be made within a period of six months following the original action.
When the facts are within the commissioner’s personal knowledge, the commissioner may, upon the commissioner’s own motion and ex parte, enter an order making the correction.
Otherwise the commissioner shall enter an order of correction only after receipt and consideration of a written petition of a person described in Section 12923 or an employee of the Department of Insurance, accompanied in either case by a sworn affidavit of the facts constituting the mistake, clerical error, inadvertence, surprise, or excusable neglect relied upon to justify the correction requested. In such case the order may be made ex parte.
In either case the order shall recite the grounds and bases for the correction and shall be promptly given the same distribution, publicity, and circulation as was given the matter being corrected.
If, within 60 days following the making of the order of correction anyone objects thereto in writing, the commissioner shall set the matter for hearing, giving the same notice thereof, if any, as was given to the proceeding which gave rise to the original record, finding, determination, order, rule, or regulation.
(Amended by Stats. 2021, Ch. 50, Sec. 253. (AB 378) Effective January 1, 2022.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12930.

12930. Offenses under this code, or under other laws relating to insurers, shall be prosecuted and tried in all respects as provided in the Penal Code for public offenses. For the purpose of evidence the commissioner shall furnish to any district attorney, without cost to the county, certified copies of any papers or records of the office of the commissioner.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12935.

12935. (a) The commissioner, by January 1, 1997, shall develop and make available to the general public, in the two most common non-English languages spoken in the state, which are Spanish and Vietnamese, informational sheets that provide a general explanation in those languages, of the terms most commonly used in passenger automobile and pickup truck liability insurance policies.
(b) These informational sheets are intended to provide only the general explanation of these insurance terms, and in the case of a dispute between an insurer and an insured, the policy as written in English will prevail. The development of informational sheets or the use of these informational sheets by insureds, insurers, agents, brokers, or the state shall not be interpreted as creating a duty or obligation to provide additional information or insurance policies in a non-English language.
(c) An informational sheet developed by the commissioner shall include a disclaimer, prominently displayed in 24-point type print at the beginning of the informational sheet, in the non-English language, that contains all of the following information:
(1) The informational sheet is for informational purposes only.
(2) The actual terms of an insurance policy prevail over the information provided in the informational sheet.
(3) In the case of a dispute, the insurance policy is controlling and a court will rely on the policy as it is written in English to resolve the dispute.
(4) The policy is the sole source of rights and obligations of the insurer and the insured.
(5) The information contained in the informational sheets does not create rights or obligations on the part of the insured, the insurer, the agent, the broker, or the state.
(6) The informational sheet is not intended to be a substitute for the actual policy written in English.
(d) The commissioner may develop informational sheets regarding other forms of insurance.
(e) The commissioner may develop informational sheets in foreign languages, other than Spanish and Vietnamese, as needed.
(f) Once developed by the commissioner, he or she may produce public service announcements concerning the availability of these informational sheets, to be utilized in those communities that the commissioner deems would benefit from the information.
(g) This section does not prevent an insurer or licensee from advertising an insurance policy, or the availability of a foreign language informational sheet, or the availability of a translation of an insurance policy, in a language other than English if the advertisement clearly states that the insurance policy is only available in English. However, in the case of a dispute, the insurance policy is controlling and any of those advertisements for insurance policies, informational sheets, or translations shall not be construed to modify or change the insurance policy.
(Added by Stats. 1995, Ch. 909, Sec. 2. Effective January 1, 1996.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12936.

12936. (a) (1) Escheated funds deposited in the Insurance Fund pursuant to subdivision (a) of Section 1523 of the Code of Civil Procedure shall be transferred to the General Fund on June 30, 1998, to repay the principal and interest on the General Fund loan provided pursuant to Item 0845-001-0001 of the Budget Act of 1996, and such funds are hereby continuously appropriated for that purpose.
(2) If the Director of Finance determines that funds subject to escheat for the 1997–98 fiscal year are insufficient to repay the General Fund loan plus the interest owed, funds subject to escheat in the 1998–99 fiscal year, up to the amount necessary to repay the General Fund loan plus the interest owed, shall be available for expenditure by the commissioner to repay the principal and interest on the General Fund loan. Notwithstanding the loan repayment date specified in Item 0845-001-0001 of the Budget Act of 1996, such a determination by the Director of Finance shall trigger an extension of the loan repayment date to June 30, 1999.
(b) A policyholder who was entitled to a rebate pursuant to settlement or order of the commissioner and who has not received the escheated rebate may submit a claim to the Controller. The Controller shall pay the claim from among the Proposition 103 refunds that have escheated to the state and been deposited in the Unclaimed Property Fund upon verification that the claim is valid.
(Amended by Stats. 1998, Ch. 963, Sec. 3. Effective September 29, 1998.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12937.

12937. (a) Escheated funds deposited in the Insurance Fund pursuant to subdivision (b) of Section 1517 of the Code of Civil Procedure shall be available for expenditure by the commissioner to fund proceedings and to pay expenses on nonasseted estates for which liabilities have been or will be incurred.
(b) A policyholder who was entitled to funds described in subdivision (a) pursuant to an order of distribution and who has not previously received an appropriate distribution may submit a claim to the commissioner. The commissioner shall pay the claim from the escheated funds deposited in the Insurance Fund pursuant to subdivision (a) upon verification that the claim is valid.
(c) The department shall not be required to conduct outreach programs to attempt to locate policyholders described in subdivision (b).
(Added by Stats. 1996, Ch. 187, Sec. 5. Effective July 19, 1996.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1 - Generally › Section 12938.

12938. Notwithstanding any other provision of law, the department shall make available for public inspection and publish on its Internet Web site all of the information described in subdivisions (a) and (b). This information shall be maintained in a current, up-to-date condition. All identifying and privileged information regarding individual policyholders shall be redacted from documents available for public inspection and on the Internet Web site.
(a) All fully executed stipulations, orders, decisions, settlements, or other forms of agreement resolving market conduct examinations, whether the examinations were finalized, terminated, or suspended, that pertain to unfair or deceptive practices in the business of insurance as defined in Section 790.03.
(b) (1) Every adopted report of a market conduct examination of unfair or deceptive practices in the business of insurance as defined in Section 790.03 that is adopted as filed, or as modified or corrected, by the commissioner pursuant to Section 734.1.
(2) The commissioner upon adopting the report shall transmit a copy of the report, either electronically or by certified United States mail, to a representative that the examined insurer designated by that insurer to receive the report, or in the case of an examination of more than one insurer in an insurer group, to a single representative of the group designated to receive the report on behalf of all examined insurers. Within 20 business days after the transmittal, the examined insurer may submit comments to the commissioner relating to the adopted report. The comments shall be in a form and length as provided by regulation.
(3) Twenty business days after the transmittal the commissioner shall publish on the department’s Internet Web site the adopted report and any comments submitted by the examined insurer unless a court of competent jurisdiction has stayed the publication of the report.
(c) This section may not be construed to require the disclosure of company workpapers or other company documents discovered during the course of an examination or any preliminary report of the examination, except as otherwise permitted by law.
(Amended by Stats. 2011, Ch. 411, Sec. 58. (AB 1416) Effective January 1, 2012.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1.1 - The California Community Development Financial Institution Tax Credit Program › Section 12939.

12939. The Legislature finds and declares all of the following:
(a) There are specialized financial institutions in California that are specifically dedicated to, and whose core purpose is to, provide financial products and services to people and communities underserved by traditional financial markets and to support renewable energy projects, energy efficiency improvements, economic development, and affordable housing in these communities. These community development financial institutions or CDFIs seek to bridge the growing gap that exists between the financial products and services, renewable energy generation, energy efficiency improvements, economic development, and affordable housing available to the economic mainstream and those offered to low-income people and communities, as well as the nonprofit institutions that serve them. In addition, they serve a critical role in addressing issues of poverty and access to credit in economically disadvantaged communities by providing services, including, but not limited to, credit counseling to consumers, financial literacy training, home ownership counseling, entrepreneurial education, and technical assistance to small business owners.
(b) These mission-driven financial institutions require additional capital in order to expand their ability to provide financial products and services, and to promote needed renewable energy generation projects, energy efficiency improvements, economic development, and affordable housing for low-income individuals and communities, and the businesses and nonprofit agencies that serve them. For example, some offer responsible alternatives to high-cost check-cashing services and payday lenders that have moved into low-income communities. Others help finance small businesses, affordable housing, and community services and facilities that, in turn, help stabilize low-income neighborhoods and alleviate poverty.
(c) In carrying out their mission, funding community development is given priority over providing high returns to investors.
(d) It is the intent of the Legislature to provide an incentive in the form of California tax credits to attract much needed additional private capital investments that would not otherwise be available to CDFIs without the benefit of such incentive. It is the expectation of the Legislature that CDFIs will leverage these new investment dollars for the direct benefit of economically disadvantaged communities and low-income people in California.
(Amended by Stats. 2010, Ch. 418, Sec. 4. (AB 1011) Effective January 1, 2011.)
2023 California Code › Insurance Code - INS › DIVISION 3 - THE INSURANCE COMMISSIONER › CHAPTER 2 - Powers and Duties › ARTICLE 1.1 - The California Community Development Financial Institution Tax Credit Program › Section 12939.1.

12939.1. (a) The department, California Organized Investment Network (COIN), or any successor thereof, shall require the CDFIs receiving tax credit investments pursuant to Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code to submit reports to the department, COIN, or any successor thereof, on their use of the program and may specify by notice to those CDFIs the form, content, and manner of the reports.
(b) Biennially the department, COIN, or any successor thereof, shall include in the report required by Section 12922, information on the CDFI tax credit program based on the reports submitted by the CDFIs pursuant to subdivision (a).
(c) On or before December 31, 2010, the Legislative Analyst shall prepare an analysis, based upon data provided by the Franchise Tax Board, the Department of Insurance, and COIN, to the Legislative Analyst on or before September 30, 2010, of the tax credit investments provided for in Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code, including, but not limited to, the credits’ fiscal impact, what programs, projects, and other uses were funded or carried out by the CDFIs that were supported in whole or in part by the tax credit investments, and the resulting benefits to economically disadvantaged communities and low income people in California.
(Added by Stats. 2006, Ch. 580, Sec. 1. Effective September 28, 2006.)