reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.3 - Filing and Service Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An original and one copy of the Request
				  for Hearing and all documents provided must be sent to the California
				  Department of Insurance, Administrative Hearing Bureau, 1901 Harrison Street,
				  3rd Floor Mailroom, Oakland, CA 94612.
(b) All required documents and copies must be
				  delivered to the Administrative Hearing Bureau either by personal delivery or
				  U.S. Postal Service Return Receipt Requested delivery.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
2. Change without regulatory effect amending subsection (a)
					 filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18 U.S.C. Amend
						1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.4 - Time of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chief Administrative Law Judge of the Administrative
					 Hearing Bureau shall assign the case to an Administrative Law Judge for
					 hearing. An administrative law judge shall hold a hearing within sixty (60)
					 days of the Administrative Hearing Bureau's receipt of the Department's
					 response to the Request for Hearing. The hearing may be held on a later date
					 upon agreement of both parties. The Administrative Law Judge shall give the
					 parties not less than 10 days written notice of the date on which a hearing is
					 scheduled.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.5 - Continuances; Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A continuance for any act occurring under this article may be granted by the
				  Chief Administrative Law Judge or the Administrative Law Judge for good cause
				  shown.
(b) When seeking a
				  continuance, a party shall apply for the continuance within five (5) business
				  days following the time the party discovered or reasonably should have
				  discovered the event or occurrence which establishes the good cause for the
				  continuance. A continuance may be granted for good cause after the five (5)
				  business days have lapsed, if the party seeking the continuance is not
				  responsible for, or has made a good faith effort to prevent, the condition or
				  event establishing the good cause.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.6 - Role of Department of Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Insurance is a party in the hearing,
					 representing the Commissioner. Within 20 days of notification by the
					 Administrative Hearing Bureau of the request for hearing, the Department shall
					 file an original and one copy of its response to the underlying issues raised
					 by the Prohibited Person in the Request as well as an original and one copy of
					 any documents upon which he or she plans to rely at the hearing. Copies of the
					 Department's response and any documents filed with the Administrative Hearing
					 Bureau shall also be served on the Prohibited Person and/or their
					 representative, if any.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.7 - Representation of Prohibited Person at the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Prohibited Person may be represented in the proceedings
					 before the Administrative Hearing Bureau. A representative is not required and
					 the representative need not be an attorney.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.8 - Administrative Law Judge's Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Article 10 of Chapter 4.5 of the
				  Administrative Procedure Act (commencing with Government Code section
				  11445.10
				  and concerning enforcement of subpoenas and sanctions), is adopted, and is
				  applicable to these proceedings. The Administrative Law Judge may exercise all
				  the authority granted pursuant to Chapter 4.5 of the Administrative Procedure
				  Act.
(b) The Administrative Law
				  Judge may take any other action necessary or appropriate to the discharge of
				  his or her duties, consistent with the statutory or other authority under which
				  the Commissioner functions. The Administrative Law Judge may issue such orders
				  compelling the compliance of the parties and other persons subject to the
				  jurisdiction of the Commissioner as necessary to the discharge of his or her
				  official duties and the efficient use of the Department's judicial time and
				  resources.
(c) The Chief
				  Administrative Law Judge shall exercise all authority set forth in this section
				  until a proceeding is assigned to an Administrative Law Judge.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.9 - Burden of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The burden of proof at a hearing on a Request for Written
					 Consent is on the Prohibited Person seeking the Commissioner's Written Consent
					 to engage in or transact the business of insurance in this
					 State.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code Reference: Sections
						1723,
						1727 and
						1742.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.10 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
				  need not be conducted according to technical rules relating to evidence and
				  witnesses, except as hereinafter provided. Any relevant evidence shall be
				  admitted if it is evidence upon which responsible persons are accustomed to
				  rely in the conduct of serious affairs, regardless of the existence of any
				  common law or statutory rule which might make improper the admission of
				  evidence over objection in civil actions.
(b) The rules of privilege shall be effective
				  to the extent that they are otherwise required by law to be recognized at the
				  hearing.
(c) The Administrative Law
				  Judge has the sole discretion to exclude evidence if its probative value is
				  substantially outweighed by the probability that its admission will necessitate
				  undue consumption of time.
(d) No
				  documentary evidence will be admitted into evidence at the hearing that was not
				  previously exchanged between the parties without good cause shown why the
				  evidence was not available to the parties for exchange prior to the
				  hearing.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.11 - Additional Evidence or Briefing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrative Law Judge may require
				  the production of further evidence or briefing on any issue. If the
				  administrative law judge determines that specific evidence or briefing is
				  necessary as a part of the record, he or she shall set a deadline for the
				  parties to file the requested evidence or briefing.
(c) Unless ordered by the Administrative Law
				  Judge, or upon written motion for good cause shown, no additional evidence
				  shall be introduced after the close of the evidentiary hearing.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.12 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision, official notice may be taken,
					 before submission of the case for decision, of any fact that may be judicially
					 noticed by the courts of this state. All parties shall be informed of the
					 matters to be noticed, and those matters shall be noted in the record, referred
					 to therein, or appended thereto. Pursuant to a written request, all parties
					 shall be given a reasonable opportunity to refute the officially noticed
					 matters, either by evidence or by written or oral presentation to the
					 Administrative Law Judge.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.13 - Hearing Reporter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The proceedings at the hearing shall be reported by a
					 hearing reporter. However, upon the consent and agreement of all parties, the
					 proceedings may be reported electronically. Parties must make their own
					 arrangements for payment with the hearing reporter if they wish to obtain a
					 copy of the reporter's transcript.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2177.14 - Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All parties shall bear their own costs.
1. New
					 section filed 3-10-2003; operative 4-9-2003 (Register 2003, No.
					 11).
Note: Authority cited: Sections
						1723 and
						1742.2,
						Insurance Code. Reference: Sections
						1723 and
						1742.2,
						Insurance Code; and 18
						U.S.C. §
													1033.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2178 - Procedures to be Employed by the Commissioner in Considering Requests for Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following criteria shall apply to procedures employed
					 by the Commissioner in considering Requests for Consent:
(a) Within twenty-one (21) calendar days of
				  receipt of the application, the Commissioner shall inform the applicant, in
				  writing, that the Application is complete. Or, if the application is deficient,
				  the applicant will be informed, in writing, that the application is deficient
				  and what specific information is required for completion.
(b) Any Application for Written Consent that
				  is not resubmitted to the Department within thirty (30) days of the applicant's
				  receipt of a Notice re deficiency of the Application, shall be deemed
				  withdrawn.
(c) The Commissioner
				  shall, within thirty (30) calendar days of receipt of a complete Application,
				  reach a decision whether to grant or deny a request for consent, and shall
				  notify the applicant of the decision. If the Commissioner has decided to deny
				  the Application, the reason(s) therefor shall be set forth in the notification
				  of denial.
(d) The periods set
				  forth above shall be tolled in the event the Application requires legal action
				  by the Commissioner.
(e) The
				  Department of Insurance's median, minimum and maximum times for processing an
				  Application for Written Consent, from the receipt of the initial completed
				  Application to the final license decision (excluding Applications that require
				  legal action by the Commissioner), are as follows:
(1) thirty (30) calendar days (median
				  time),
(2) thirty (30) calendar
				  days (minimum time), and
(3)
				  forty-five (45) calendar days (maximum).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5 - Insurance in Connection with Sales and Loans › Section 2180 - Maximum Charge; Policy Substitution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum service charge which may be made by a lender
					 for a substitution of insurance policies pursuant to Section
					 771
					 (d) of the Insurance Code is
					 $5.00.
1. New
					 Article 5 (Section
					 2180) filed 10-9-59; effective
					 thirtieth day thereafter (Register 59, No. 17).
Note: Authority cited for Article 5 (Section
						2180): Section
						771
						(e), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5 - Insurance in Connection with Sales and Loans › Section 2181 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter contains rules and regulations authorized
					 by California Insurance Code Section
					 771
					 (a).
1. New
					 sections 2181 and
					 2181.1 filed thereafter (Register
					 72, No. 50).
Note: Authority cited: Section
						771
						(a), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5 - Insurance in Connection with Sales and Loans › Section 2181.1 - Reasonable Cause: Right to Disapprove of the Insurer Selected to Underwrite Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General Provisions:
(1) Any lender engaged in
				  the business of financing the purchase of real property or of lending money on
				  the security of real property and any trustee, director, officer, agent or
				  other employee, or affiliate, of any such lender shall have the right to
				  disapprove, for reasonable cause, the insurer selected to underwrite the
				  insurance required by the contract of sale or deed of trust or other loan
				  agreement and shall have the right to furnish or renew such insurance if the
				  borrower or purchaser shall have failed to furnish the insurance or renewal
				  thereof within such reasonable time or form as may be specified in the sale or
				  loan agreement.
(2) Notwithstanding
				  any other provisions of these regulations, the California FAIR Plan Association
				  shall not be rejected as an insurer.
(3) The corporate structure of an insurer
				  shall not be a basis for disapproval of such insurer.
(4) These regulations shall not affect the
				  respective rights of a borrower and its lender to require an insurance policy
				  and coverage in accordance with such agreement between it and the
				  borrower.
(5) These regulations do
				  not apply to insurance covering personal property as the subject of security
				  for the loan nor do they apply to insurance covering real property securing
				  loans in excess of $75,000.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.5 - License Qualification Examinations › Section 2182 - Limitation on Taking Further Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person who has twice failed a license
				  qualification examination shall be permitted to take further examinations for a
				  period of thirty (30) days from receipt of notice of said failure.
(b) No person who, after having been
				  prohibited from taking further examinations pursuant to subsection (a) above,
				  twice fails a license qualification examination shall be permitted to take
				  further examinations for a period of sixty (60) days from receipt of notice of
				  said failure.
(c) No person, who
				  after having been prohibited from taking further examinations pursuant to
				  subsection (b) above or pursuant to this subsection, twice fails a license
				  qualification examination shall be permitted to take further examinations for a
				  period of sixty (60) days from receipt of notice of said failure.
1. New
					 article 5.5 and section filed 4-15-93; operative 5-17-93 (Register 93, No.
					 16).
Note: Authority cited: Section
						1682,
						Insurance Code. Reference: Sections
						1670 and
						1681,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.6 - Personal Lines Examination Exemption Request [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 5.6 (sections
				  2182.1-2182.5 and Form LIC.
				  PL
				  1) by operation of Government Code section
				  11346.1(g)
				  (Register 2003, No. 10).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.7 - Producer Licensing Background Review Guidelines › Section 2183 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated pursuant to the authority
					 granted the Commissioner under the provisions of Section
					 12921(a)
					 of the Insurance Code. The purpose of these regulations is to set forth
					 licensing background review guidelines for use in determining the denial,
					 suspension, revocation, and/or restriction of an insurance producer license or
					 license application.
1. New
					 article 5.7 (sections
					 2183-2183.4) and section filed
					 1-23-2007; operative 2-22-2007 (Register 2007, No.
					 4).
Note: Authority cited: Section
						12921,
						Insurance Code. Reference: Section
						12921,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.7 - Producer Licensing Background Review Guidelines › Section 2183.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The producer licensing background review guidelines
					 described in Sections
					 2183,
					 2183.1,
					 2183.2,
					 2183.3, and
					 2183.4 shall apply to all persons
					 who possess, or who have applied for, any insurance producer license governed
					 by the Insurance Code, including, but not limited to agent, broker, solicitor,
					 bail agent, bail solicitor, or adjuster.
1. New
					 section filed 1-23-2007; operative 2-22-2007 (Register 2007, No.
					 4).
Note: Authority cited: Section
						12921,
						Insurance Code. Reference: Section
						12921,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.7 - Producer Licensing Background Review Guidelines › Section 2183.2 - Substantial Relationship Criteria for Crimes or Wrongful Acts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of denial, suspension, revocation, and/or
					 restriction of a license or license application, statutes within the Insurance
					 Code list specific grounds and also allow for action based upon findings that
					 include, but are not limited to, the licensee or applicant lacking integrity,
					 having a poor business reputation, or that permitting the licensee or applicant
					 to hold an insurance license is against the public interest. The following is a
					 partial list of crimes or acts that are substantially related to the
					 qualifications, functions or duties of an insurance licensee:
(a) Any felony conviction;
(b) A misdemeanor conviction which evidences
				  present or potential unfitness to perform the functions authorized by the
				  license in the manner consistent with the public health, safety, and welfare,
				  including but not limited to, soliciting, attempting, or committing crimes
				  involving the following:
(1) Dishonesty or
				  fraud;
(2) Any conviction arising
				  out of acts performed in the business of insurance or any other licensed
				  business or profession;
(3)
				  Theft;
(4) Sexually related conduct
				  affecting a person who is an observer or non-consenting participant in the
				  conduct or convictions, or which requires registration pursuant to the
				  provisions of Section
				  290 of the
				  Penal Code;
(5) Resisting,
				  delaying, or obstructing a public officer in violation of Penal Code Section
				  148;
(6) Any act or offense wherein the person
				  willfully causes injury to the person or property of another;
(7) Violation of a relation of trust or
				  confidence, or a breach of fiduciary duty;
(8) Multiple convictions which demonstrate a
				  pattern of repeated and willful disregard for the law.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.7 - Producer Licensing Background Review Guidelines › Section 2183.3 - Weight of Substantially Related Acts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In considering discipline of a license or license
					 application, the weight to be accorded to a substantially related crime or act
					 described in Section
					 2183.2 (a), (b), or
					 (c) may be determined by the application of
					 guidelines including, but not limited to, the following:
(a) The extent to which the particular act or
				  omission has adversely affected other person(s) or victim(s), including but not
				  limited to, insurers, clients, employers or other persons, and the probability
				  such adverse effects will continue;
(b) The recency or remoteness in time of the
				  act, misconduct, or omission;
(c)
				  The type of license applied for or held by the licensee or applicant
				  involved;
(d) The extenuating or
				  aggravating circumstances surrounding the act, misconduct, or
				  omission;
(e) Whether the licensee
				  or applicant has a history of prior license discipline, particularly where the
				  prior discipline is for the same or similar type of conduct.
1. New
					 section filed 1-23-2007; operative 2-22-2007 (Register 2007, No.
					 4).
Note: Authority cited: Section
						12921,
						Insurance Code. Reference: Sections
						1668,
						1668.1,
						1668.5,
						1669,
						1738,
						1742,
						1743,
						1805,
						1806,
						1807,
						14026.5,
						14028,
						14028.5,
						14061,
						14061.5,
						15011,
						15018,
						15018.5,
						15039 and
						15039.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 5.7 - Producer Licensing Background Review Guidelines › Section 2183.4 - Criteria for Evaluating Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may consider all of the evidence
					 presented, including evidence offered by the licensee or applicant, to
					 determine whether the licensee or applicant has sufficiently rehabilitated from
					 the prior act, misconduct, or omission such that the licensee or applicant is
					 fit to hold an insurance license. When evaluating the rehabilitation of an
					 applicant for an insurance license, or when considering the suspension,
					 revocation, and/or restriction of an insurance license, on the grounds of
					 conviction of a crime or the commission of some other wrongful act, the
					 Commissioner may consider criteria, including, but not limited to, the
					 following:
(a) Nature and severity of
				  the act, misconduct, or omission;
(b) Total criminal record;
(c) The time that has elapsed since
				  commission of the act, misconduct, or omission; however, the mere passage of
				  time without unlawful or wrongful activity is not alone sufficient to establish
				  rehabilitation;
(d) Whether the
				  licensee or applicant has complied with any terms of parole, probation,
				  restitution or any other sanctions lawfully imposed against the licensee or
				  applicant; however, termination of probation or parole or obtaining a Penal
				  Code Section
				  1203.4
				  expungement of the conviction, or other comparable orders of a court, including
				  federal courts, are not alone sufficient evidence of rehabilitation;
(e) Whether the licensee or applicant has
				  made any restitution or done anything to recompense the injured party or to
				  alleviate the wrong or damage caused by the act, misconduct, or
				  omission;
(f) Significant and/or
				  conscientious involvement in community or privately-sponsored programs designed
				  to provide social benefits or to ameliorate social problems.
1. New
					 section filed 1-23-2007; operative 2-22-2007 (Register 2007, No.
					 4).
Note: Authority cited: Section
						12921,
						Insurance Code. Reference: Sections
						1668,
						1668.1,
						1668.5,
						1669,
						1738,
						1742,
						1743,
						1805,
						1806,
						1807,
						14026.5,
						14028,
						14028.5,
						14061,
						14061.5,
						15011,
						15018,
						15018.5,
						15039 and
						15039.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6 - Disclosure of Compensation Received from Premium Financers › Section 2185 - Disclosure of Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person engaged in business as an insurance agent or broker who accepts
				  compensation for arranging, directing, or performing services in connection
				  with a premium financing agreement shall disclose in writing to the insured
				  prior to the execution of the premium finance agreement the amount of
				  compensation such insurance agent or broker is to receive from the premium
				  financer on account of that premium finance agreement.
(b) The disclosure required under subsection
				  (a) shall be made in the following form:
STATEMENT OF COMPENSATION TO BE PAID TO INSURANCE
					 AGENT OR BROKER BY LENDER
This statement is required by provisions of California
					 Insurance Code Section
					 778.2.
___________________________
1. Name of Insured:
2. Last of Financed Policies and Amount of
				  Premium Financed on each Policy:
___________________________
___________________________$
___________________________
___________________________$
___________________________
___________________________$
Total
___________________________$
3.
				  Name and Address of Premium Financer (lender):
___________________________
4. Gross Finance Charge for Financing the
				  Above Premiums:
$ __________
$ _________________________
5. Total compensation to be received by the
				  undersigned agent or broker from the lender by reason of the premium agreement
				  relating to the above premiums (if compensation is contingent state the maximum
				  compensation payable under any contingency):
$ ___________________________
Dated:
___________________________
(Insurance Agent or
							 Broker)
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2186 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  These regulations are promulgated pursuant to authority granted to the
				  Insurance Commissioner (Commissioner) under the provisions of Section
				  1749.7 of
				  the California Insurance Code. The purpose of these regulations is to set forth
				  the curriculum standards for approval of courses and providers of prelicensing
				  and continuing education, and to set forth standards of conduct for students
				  and providers of prelicensing and continuing education.
(b) All forms referenced in this Article
				  shall be found in Section
				  2188.50.
1. New
					 article 6.5 and section filed 4-15-93; operative 5-17-93 (Register 93, No.
					 16).
2. Repealer and new section filed 8-23-96; operative 9-22-96
					 (Register 96, No. 34).
3. Amendment of section and NOTE filed
					 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
4. Amendment
					 of section and NOTE filed 10-22-2014; operative 2-19-2015 pursuant to
					 Government Code section
					 11343.4(b)(2)
					 (Register 2014, No. 43).
Note: Authority cited: Section
						1749.7,
						Insurance Code. Reference: Sections
						1749,
						1749.1,
						1749.3,
						1749.31,
						1749.32,
						1749.33,
						1749.4,
						1749.5,
						1749.8,
						1749.85,
						10113.2(b)(1)(A)
						and 10234.93(a)(4),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2186.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of these regulations:
(a) "Approved course" (course) means a course
				  for which the Commissioner has granted his written approval. The Commissioner
				  reserves the right to reduce the hours requested if the course fails to meet
				  all of the criteria set forth in these regulations.
(b) "Certified provider" (provider) may be
				  any institution or organization as described in Section
				  1749.4 of
				  the California Insurance Code, including an authorized insurer, recognized
				  agents' association or insurance trade association, and any accredited college,
				  or university, or any other person or entity offering classes, courses,
				  seminars, programs and non-contact courses in insurance intended to satisfy the
				  requirements of Sections
				  1749,
				  1749.3, 1749.31, 1749.32, 1749.33, 1749.8, 1749.85, 10113.2(b)(1)(A), and
				  10234.93(a)(4) of the California Insurance Code who or which has been
				  determined by the Commissioner to have met the requirements of Section
				  2188.
(c) "Classroom" means:
(1) Any space sufficiently designed so that
				  instructor(s)/subject matter expert(s) and students can communicate with a high
				  degree of privacy and relative freedom from outside interference; or
(2) For continuing education courses only,
				  classroom may include teleconferences with audio and/or visual interface,
				  Internet webinar, or other electronic devices used to accommodate technological
				  changes.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187 - Prelicensing Education for Life-Only Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course taken to satisfy the life-only
				  agent prelicensing education requirements of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE
				  (22 questions (30 percent) on the examination)
A. Basic Insurance Concepts and
				  Principles
B. Contract
				  Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation-General
5. Fair Claims Settlement Practices
				  Regulations
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.1 - Prelicensing Education for Accident and Health Insurance Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course
				  taken to satisfy the accident and health insurance agent prelicensing education
				  requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE (18
				  questions (25 percent) on the examination)
A.
				  Basic Insurance Concepts and Principles
B. Contract Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation-General
5. Fair Claims Settlement Practices
				  Regulations
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.2 - Prelicensing Education for the Life, Accident and Health Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course
				  taken to qualify an applicant to take the life, accident and health examination
				  shall use the general subject matter and educational objectives derived from
				  Section 2187, Prelicensing Education for
				  Life-Only Agents and Section
				  2187.1, Prelicensing Education for
				  Accident and Health Insurance Agents.
(b) The examination required for licensure as
				  a life-only agent and accident and health insurance agent, pursuant to Section
				  1676 of the
				  California Insurance Code, shall be based on the subject matter reflected in
				  Sections 2187 and
				  2187.1.
1. New
					 section filed 4-15-93; operative 5-17-93 (Register 93, No. 16).
2.
					 Repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No.
					 34).
3. Amendment of section heading and amendment of subsection (a)
					 filed 6-13-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 24). A
					 Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 6-13-2001 order transmitted
					 to OAL 4-19-2002 and filed 6-3-2002 (Register 2002, No. 23).
5.
					 Renumbering of former section
					 2187.2 to section
					 2187.7 and renumbering of former
					 section 2187.1 to section
					 2187.2, including amendment of
					 section heading and section, filed 2-23-2010; operative 3-25-2010 (Register
					 2010, No. 9).
6. Amendment of section heading, section and NOTE
					 filed 10-22-2014; operative 2-19-2015 pursuant to Government Code section
					 11343.4(b)(2)
					 (Register 2014, No. 43).
Note: Authority cited: Section
						1749.7,
						Insurance Code. Reference: Sections
						1676,
						1749 and
						1749.1,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.3 - Prelicensing Education for Casualty Broker-Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course taken to satisfy the casualty
				  broker-agent prelicensing education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE (23
				  questions (31 percent) on the examination -- includes "II. Casualty Insurance")
A. Basic Insurance Concepts and
				  Principles
B. Contract
				  Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation--General
5. Excess and Surplus (E&S)
				  Lines
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.31 - Prelicensing Education for Property Broker-Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course taken to satisfy the property
				  broker-agent prelicensing education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE (23
				  questions (31 percent) on the examination -- includes "II. Property Insurance")
A. Basic Insurance Concepts and
				  Principles
B. Contract
				  Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation -- General
5. Excess and Surplus (E&S)
				  Lines
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.4 - Prelicensing Education for Personal Lines Broker-Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course taken to satisfy the personal
				  lines broker-agent prelicensing education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE (35
				  percent of examination questions)--includes "II. Property Insurance)
A. Basic Insurance Concepts and
				  Principles
B. Contract
				  Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation
5. Excess and Surplus (E&S)
				  Lines
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.5 - Prelicensing Education for Personal Lines Broker-Agents to Become Property Broker-Agents and Casualty Broker-Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course taken to satisfy the personal
				  lines broker-agent to become a property broker-agent and casualty broker-agent
				  prelicensing education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. COMMERCIAL INSURANCE
				  COVERAGES (100 percent of examination questions)
A. Insurance Services Office, Inc. (ISO)
				  Commercial Lines Insurance Programs
B. Property Insurance
1. Commercial Property
a. General Concepts
b. Building and Personal Property Coverage
				  Form
c. Causes of Loss
				  Form(s)
d. Property Indirect Damage
				  Insurance
e. Other Endorsements and
				  Coverages
2. Inland
				  Marine
3. Equipment Breakdown
				  Protection Coverage (aka Boiler and Machinery)
4. Commercial Crime
C. Casualty Insurance
1. Commercial General Liability (CGL)
a. General Concepts
b. CGL Coverage Forms -- Occurrence and
				  Claims-Made
c. Professional
				  Liability
d. Management (Directors
				  and Officers) Liability
e.
				  Employment Practices
2.
				  Commercial Auto
3. Farm
4. National Flood
5. Ocean Marine
6. Surety Bonds and General Bond
				  Concepts
7. Umbrella and Excess
				  Liability
8. Workers
				  Compensation
D.
				  Businessowners Policy (BOP)
1. General
				  Concepts
2. Property
				  Coverages
3. Liability
				  Coverages
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.6 - Prelicensing Education for Limited Lines Automobile Insurance Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course
				  taken to satisfy the limited lines automobile insurance agent prelicensing
				  education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE (15
				  percent of examination questions)
A. Basic
				  Insurance Concepts and Principles
B. Contract Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation -- General
5. Excess and Surplus (E&S)
				  Lines
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2187.7 - Prelicensing Education on Ethics and the California Insurance Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any course
				  taken to satisfy the ethics and California Insurance Code prelicensing
				  education requirement of Section
				  1749 of the
				  California Insurance Code shall use the general subject matter derived from the
				  following curriculum:
I. GENERAL INSURANCE
A. Basic Insurance Concepts and
				  Principles
B. Contract
				  Law
C. The Insurance Marketplace
1. Distribution Systems
2. Producers
3. Insurers
4. Market Regulation -- General
5. Fair Claims Settlement Practices
				  Regulations
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.1 - Instructor/Subject Matter Expert Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A provider shall ensure all of the
				  following:
(1) That each course approved to
				  satisfy the requirements of Sections
				  1749,
				  1749.3,
				  1749.31,
				  1749.32,
				  1749.33,
				  1749.4,
				  1749.5, 1749.8, 1749.85, 10113.2(b)(1)(A) and 10234.93(a)(4) of the California
				  Insurance Code shall be taught or presented by an instructor/subject matter
				  expert who meets at least one of the following qualifications:
(A) Three (3) years of experience within the
				  last five (5) years in the course or related subject matter;
(B) Currently licensed as an insurance agent
				  or broker-agent for the subject being taught and holding the insurance license
				  for three (3) of the last five (5) years; or,
(C) Possession of 1) a college degree in the
				  subject matter being taught, or 2) a related recognized professional
				  designation, or 3) related recognized professional credential in the subject
				  matter being taught; and two (2) years experience within the last five (5)
				  years in the course or related subject matter.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.2 - Course Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every provider desiring to obtain approval of a course shall submit to the
				  Commissioner, on Form LIC 446-3 (Prelicensing/Continuing Education Program
				  Course Approval Application), as set forth in Section
				  2188.50, or electronic submission
				  when such services become available, along with the applicable filing fee
				  specified in Section
				  1751.1 of
				  the California Insurance Code. The course approval application form shall
				  request the information including, but not be limited to, the following:
(1) The title of the course;
(2) A detailed statement of how each specific
				  course is relevant to insurance topics or insurance products;
(3) A detailed outline of approximately one
				  (1) page per hour of instruction for a contact course, including the time each
				  topic is being presented, or a copy of all materials presented to each student
				  and the time each topic is being presented;
(4) The number of credit hours requested for
				  the course and how the number was determined;
(5) The applicable course category type of
				  the intended audience;
(6) For a
				  contact course: an agenda showing the beginning and ending times, breaks, and
				  time allotted for examinations, if given;
(7) For a non-contact continuing education
				  course: the final examination proposed to be used for the course; the
				  examination questions shall not be in section/chapter order and shall include
				  the answers along with a page and paragraph or for online continuing education,
				  the section/chapter and screen reference for each answer to the source
				  material; and a statement on how the provider will maintain the integrity of
				  the examination; the length of time students have to complete a course; a copy
				  of the examination instruction sheet that goes to the students; an explanation
				  of how a course's completion date is determined, who maintains control of the
				  answer key, what constitutes a passing grade and the provider's procedures in
				  the event that a student fails an examination;
(8) When using another vendor's source
				  material as the basis for the course, a current letter of authorization from
				  the author or publisher; and
(9)
				  Whether the course is open to the public.