California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 5 - Organized Automobile Insurance Fraud Interdiction Program › Section 2698.70 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these regulations:
(a) "Applicant" means one or more district
				  attorneys.
(b) "Application" means
				  a document submitted by an applicant for the purpose of requesting funding
				  under this program.
(c)
				  "Assessment" means an annual fee paid by insurers for each vehicle insured
				  under an insurance policy in the state to support the enhanced interdiction of
				  organized automobile fraud activity.
(d) "Commissioner" means the Insurance
				  Commissioner of the California Department of Insurance.
(e) "Department" means the California
				  Department of Insurance.
(f)
				  "District Attorney" means the prosecuting officer of a California county as
				  provided in Government Code section
				  26500.
(g) "Fraud Division" means the California
				  Department of Insurance Fraud Division, also known as the Bureau of Fraudulent
				  Claims.
(h) "Funding Cycle" means a
				  consecutive 12-month period within a grant period. The funding cycle will
				  commence with the first month of a grant period.
(i) "Grant Award" means an award of funds to
				  be used by the Grantee pursuant to Insurance Code sections
				  1874.8 and
				  1874.81.
(j) "Grant Period" means a consecutive
				  36-month period commencing with the month as provided in a grant
				  award.
(k) "Grantee" means a
				  grant-funded applicant.
(l)
				  "Insurer" shall have the same meaning as provided under California Insurance
				  Code section
				  23.
(m) "Memorandum of Understanding" means a
				  document, including any attachment or addendum, reflecting the agreed upon
				  operational commitments and obligations between a grantee, the Fraud Division
				  and the California Highway Patrol for a coordinated effort aimed at the
				  investigation and prosecution of organized automobile fraud activity including
				  a description of specific program objectives.
(n) "Organized automobile fraud activity"
				  shall have the same meaning as set forth in Section
				  1874.8, subdivision (g) of the
				  Insurance Code.
(o) "Program" means
				  those activities conducted by the Fraud Division, the California Highway
				  Patrol, and grantees which support the Organized Automobile Fraud Activity
				  Interdiction Program.
(p) "Vehicle"
				  shall have the same meaning as defined in Section
				  670 of the
				  Vehicle Code and shall include commercial and non-commercial
				  vehicles.
(q) "In force" means an
				  insurance policy, covering note or binder that has been issued and put into
				  effect on a vehicle in this state.
(r) "Vehicle identification number (VIN)"
				  means a series of Arabic numbers and Roman letters that is assigned to a motor
				  vehicle for identification purposes.
(s) "Transaction Date" means the date, by
				  month, day and year, on which a vehicle is added to the Automobile Assessment
				  File.
1. New
					 article 5 (sections
					 2698.70-2698.77) and section filed
					 7-7-2000 as an emergency; operative 7-7-2000 (Register 2000, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 11-6-2000 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 7-7-2000 order, including
					 amendment of subsection (m), transmitted to OAL 10-12-2000 and filed 11-21-2000
					 (Register 2000, No. 47).
3. Amendment of subsection (p) filed
					 12-26-2001 as an emergency; operative 12-26-2001 (Register 2001, No. 52). A
					 Certificate of Compliance must be transmitted to OAL by 4-25-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Reinstatement of section as it existed prior to 12-26-2001
					 emergency amendment by operation of Government Code section
					 11346.1(f)
					 (Register 2002, No. 23).
5. Amendment of subsection (p) filed
					 6-6-2002; operative 6-6-2002 pursuant to Government Code section
					 11343.4
					 (Register 2002, No. 23).
6. New subsections (q)-(s) filed 6-3-2005;
					 operative 7-3-2005 (Register 2005, No. 22).
Note: Authority cited: Sections
						1874.8 and
						1874.81,
						Insurance Code. Reference: Section
						26500,
						Government Code; and Sections
						1874.8(a) and
						(g) and
						1874.81,
						Insurance Code.