reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.23 - Prelicensing/Continuing Education Program Course Approval Application Form 446-3. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-25-2006; operative 6-24-2006 (Register 2006, No.
					 21).
2. Renumbering of former section
					 2188.23 to section
					 2188.50(d) filed
					 2-23-2010; operative 3-25-2010 (Register 2010, No.
					 9).
Note: Authority cited: Section
						1749.7,
						Insurance Code. Reference: Sections
						1749,
						1749.1,
						1749.4,
						1749.8 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 2188.24 - Class Presentation Schedule Form 446-12. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-25-2006; operative 6-24-2006 (Register 2006, No.
					 21).
2. Renumbering of former section
					 2188.24 to section
					 2188.50(f) filed
					 2-23-2010; operative 3-25-2010 (Register 2010, No.
					 9).
Note: Authority cited: Section
						1749.7,
						Insurance Code. Reference: Section
						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 2188.3 - Course Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every provider desiring to renew approval of an unchanged course or a course
				  with only minor changes shall receive by way of an electronic delivery method,
				  such as an email, from the Commissioner an electronically generated Provider
				  Course Renewal Letter, Form LIC 446-38 (Rev. 08/2001), incorporated by
				  reference herein. The provider shall submit Form LIC 446-38, unless online
				  submission becomes available, to the Commissioner along with the applicable
				  renewal fee specified in Section
				  1751.1 of
				  the California Insurance Code. The course renewal form shall request
				  information which shall include but, not be limited to, the following:
(1) The title of the course and the
				  Commissioner's approval number;
(2)
				  The number of credit hours currently assigned;
(3) A certification stating that the course
				  remains unchanged from its last approval;
(4) Notification that minor or major changes
				  shall follow the procedures described in Section
				  2188.2 (f) and
				  (g);
(5) A current letter of authorization from
				  the author or publisher when using another vendor's source material as the
				  basis for the course.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.5 - Successful Completion of Prelicensing Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A student's successful completion of a
				  course, intended to meet the prelicensing education requirements of Section
				  1749 of the
				  California Insurance Code, shall be by attending one-hundred percent (100%) of
				  a scheduled course.
(b) Course
				  attendance shall be determined by the provider completing and maintaining a
				  daily attendance record, at both the beginning and end of each session. The
				  daily attendance record shall protect the identity and non-public personal
				  information of the student. The attendance record may be maintained on Form LIC
				  446-5 (Prelicensing/Continuing Education Program Course Attendance Record and
				  Verification), as set forth in Section
				  2188.50, or on a form selected by
				  the provider as long as the form contains the following minimum requirements:
(1) Name, signature, the full birth date
				  shown in mm/dd/yyyy, last four digits of the social security number or
				  insurance license number (if any) of the student, and time in and out of each
				  session;
(2) Provider name and the
				  Commissioner's certification number;
(3) Course title and the Commissioner's
				  approval number;
(4) Date, location
				  of course, and the beginning and end time of course or session;
(5) Whether the record is for the beginning
				  or end of a session;
(6)
				  Instructor/subject matter expert verification that the persons named on the
				  course attendance record sheet(s) were present at the class during the times
				  and days indicated; and
(7)
				  Certification by the provider director that the course attendance records and
				  verification were reviewed and found to be accurate.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.5.5 - Successful Completion of Online Prelicensing Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A student's successful completion of an
				  online prelicensing course, intended to meet the prelicensing education
				  requirements referred to in of Section
				  1749 of the
				  Insurance Code and these regulations, shall be determined by the student's
				  compliance with the following:
(1) Actively
				  engaged in one-hundred percent (100%) of an approved online prelicensing course
				  and completion of the total number of required training hours;
(2) Completion of one-hundred percent (100%)
				  of the inquiry period review questions;
(3) Successful identity authentication
				  throughout the course as defined in Section
				  2188.2.5 of these regulations;
				  and,
(4) Student signature on a
				  completed affidavit (paper or electronic) that declares that the identified
				  student has completed the entire course including 20 or 40 hours of product
				  training, whichever is applicable, and/or 12 hours of Ethics and California
				  Insurance Code training.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.50 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prelicensing/Continuing Education Program Provider Certification/Renewal
				  Application LIC 446-2
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(b) Prelicensing/Continuing Education Program
				  Out-of-State Provider Jurisdiction Agreement LIC 446-40
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(c) Prelicensing/Continuing Education
				  Provider Stipulation to Maintain Records Outside of California LIC 446-32
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(d) Prelicensing/Continuing Education Program
				  Course Approval Application LIC 446-3
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(e) Prelicensing/Continuing Education Program
				  Course Attendance Record and Verification LIC 446-5
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(f) Class Presentation Schedule LIC 446-12
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(g) Provider Roster LIC 446-13
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(h) Prelicensing/Continuing Education Program
				  Instructor/Subject Matter Expert Qualifications LIC 446-4
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(i) Prelicensing/Continuing Education Program
				  List of Instructor(s)/Subject Matter Expert(s) Form LIC 446-4A.
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1. New
					 section, including renumbering and amendment of former section
					 2188.23 to section
					 2188.50(d),
					 renumbering and amendment of former section
					 2188.24 to section
					 2188.50(f) and
					 renumbering and amendment of former section
					 2188.83 to section
					 2188.50(g), filed
					 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
2. 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 2188.65 - Broker-Agent Training on Estimating Replacement Value

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this section and in Section
				  1749.85, of
				  the California Insurance Code, the following terms have the following meanings:
(1) "Homeowners' insurance policy" shall have
				  the same meaning as "policy of residential property insurance" as defined in
				  subdivision (a) of Section
				  10104 of
				  the California Insurance Code. A "homeowners' insurance policy" does not
				  include:
(A) a tenant's policy;
(B) a policy covering an individually owned
				  mobilehome and its contents;
(C) a
				  policy covering an individually owned manufactured home and its
				  contents;
(D) a renter's policy;
				  or
(E) a policy insuring an
				  individually owned condominium unit that does not provide dwelling structure
				  coverage.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.7 - Successful Completion of Statutory Approved Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Successful completion of courses referred to in Sections
					 1749.4 (a) through
					 (m) of the California Insurance Code shall
					 mean:
(a) Having received a passing
				  grade for the examination administered by the council, college or institute
				  referred to in Section
				  1749.4 (a) through
				  (m) of the California Insurance Code;
				  or
(b) Students attending a program
				  referred to in Section
				  1749.4 (a) through
				  (m) of the California Insurance Code shall
				  attend all of a scheduled class; any exceptions must be approved by the
				  instructor/subject matter expert or provider director and must not violate the
				  minimum attendance requirement of eighty percent (80%) of the scheduled class.
				  Students shall be awarded credits based on attendance and subject to the
				  attendance record keeping requirements of Section
				  2188.5(b). The
				  provider/instructor/subject matter expert has the authority to withhold credit
				  for program completion when, in his or her opinion, the student did not pay
				  satisfactory attention, or otherwise failed to demonstrate acceptable student
				  conduct in class.
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 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 and
						1749.5,
						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 2188.8 - Certificates of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Certificates of completion shall be provided by the provider to any student
				  successfully completing a prelicensing, continuing education, or training
				  course. Duplicate certificates of completion shall be issued by providers upon
				  request in the case of lost or destroyed certificates. Certificates of
				  Completion may be issued electronically to the student. Certificates of
				  Completion shall contain the following information:
(1) Original or electronic signature of the
				  student and the instructor/subject matter expert, or the provider director. In
				  the case of supervised audio/video courses, the original signature of the
				  provider director designee who supervised the course and verified
				  attendance;
(2) The title and the
				  Commissioner's course approval number of the course completed;
(3) The provider name, address, telephone
				  number and the Commissioner's approval number;
(4) For a non-contact course, the completion
				  date of the course; for contact courses, the date(s) of the course taken, the
				  date completed and the city, including street address and zip code, where
				  taken;
(5) The number of hours
				  approved for the course;
(6) a
				  statement that submitting a false or fraudulent certificate of completion to
				  the Commissioner may subject any application for an insurance license to
				  denial, and any issued license to suspension or revocation; and
(7) Certificates of completion or the records
				  of final examination grades of courses taken 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 state that the student shall retain the
				  continuing education certificate for five (5) years. In addition, the
				  prelicensing certificate of completion shall state that the student is to
				  retain the prelicensing certificates for three (3) years from the date the
				  course is completed. The prelicensing certificate shall also state the
				  expiration date of the prelicensing certificate which is three (3) years after
				  the completion of the course.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.83 - Provider Roster Form 446-13. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-25-2006; operative 6-24-2006 (Register 2006, No.
					 21).
2. Renumbering of former section
					 2188.83 to section
					 2188.50(g) filed
					 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
Note: Authority cited: Section
						1749.7,
						Insurance Code. Reference: Sections
						1749,
						1749.1,
						1749.4 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 2188.9 - Rescission of Provider Certification or Course Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The approval of a course may be rescinded
				  by the Commissioner pursuant to Insurance Code Section
				  1749.1(d)
				  if it is determined that course content has been significantly changed without
				  notice to the Commissioner and the change affects the number of hours assigned
				  to the course or makes the course ineligible for approval.
(b) Provider certification may be rescinded
				  by the Commissioner if it is determined that:
(1) A certificate of completion is or was
				  issued to any individual who is or was not entitled to the issuance of any such
				  certificate;
(2) A certificate of
				  completion was not provided when requested by any student successfully
				  completing the course;
(3) Any
				  grounds exist on which the Commissioner may deny a provider
				  certification;
(4) The provider has
				  not complied with these regulations or applicable provisions of the California
				  Insurance Code;
(5) The provider
				  has failed to exercise reasonable care in evaluating the competency, good
				  character, and integrity of any of its instructors/subject matter experts as
				  stated in Section
				  2188.1; or
(6) The provider has allowed any other person
				  or entity to use the provider's approved provider status or course approval
				  status.
(7) The provider has
				  allowed one or more of the following:
(A)
				  Giving credit to a student who attends less than 80 percent of a continuing
				  education course, or the student completes less than 100 percent of an approved
				  prelicensing or online prelicensing course as stated in Sections
				  2188.5,
				  2188.5.5,
				  2188.6, and
				  2188.7(b).
(B) Giving credit to a student who did not
				  pass the written examination for a non-contact course as stated in Section
				  2188.6.
(C) Issuing a certificate of completion that
				  does not comply with Section
				  2188.8(a).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.5 - Prelicensing and Continuing Education › Section 2188.10 - Compliance Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Education Providers must comply with new and amended
					 regulations within one-hundred twenty (120) calendar days after they are filed
					 with the Secretary of State.
1. New
					 section 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,
						1749.33,
						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 6.8 - Broker Fees › Section 2189.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
				  of this article apply to all transactions and services performed by fire and
				  casualty broker-agents acting in the capacity of an insurance broker for
				  applicants, policyholders, or other consumers of an insurance coverage
				  described in Insurance Code sections
				  660 or
				  675.
(b) Subdivisions
				  2189.3(a), (d), (e) and
				  (g),
				  2189.4, and
				  2189.5(a), (b), (c), and
				  (f) of this article shall not apply to a
				  wholesale intermediary who in the particular transaction did not negotiate
				  directly with the consumer, provided that the wholesale intermediary discloses
				  its fees in writing to the retail broker-agent.
1. New
					 article 6.8 (sections
					 2189.1-2189.8) and section filed
					 8-25-2000; operative 11-23-2000 pursuant to Government Code section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02 and
						709.03(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Broker fee"
				  means and includes any fee, however labeled, charged by an insurance broker, as
				  defined in Insurance Code sections
				  33 and
				  1623, to
				  provide services that constitute or arise out of the transaction of insurance,
				  as defined in sections
				  35 of the
				  Insurance Code, but excludes fees charged for services not constituting or
				  arising out of the transaction of insurance.
(b) "Consumer" means an applicant or
				  purchaser of personal insurance coverage described in Insurance Code sections
				  660 or
				  675.
(c) "Retail broker-agent" means a
				  broker-agent that negotiates an insurance contract directly with a
				  consumer.
(d) "Wholesale
				  intermediary" means a broker-agent that negotiates an insurance contract with a
				  retail broker-agent, but not with a consumer.
1. New
					 section filed 8-25-2000; operative 11-23-2000 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02 and
						709.03(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.3 - Broker Fee Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A broker-agent acting in the capacity of a broker may
					 charge a broker fee, provided that:
(a) The consumer agrees to the fee in advance
				  of the agreement required by subdivision
				  2189.3(e), after
				  full disclosure of all material facts surrounding the fee, including if true
				  the fact that an insurer may pay to the broker a commission in addition to the
				  broker fee.
(b) The fee is not
				  being charged directly or indirectly for services related to procuring coverage
				  from the California Automobile Assigned Risk Plan or the California FAIR Plan,
				  and is not prohibited by statute or regulation.
(c) The broker is not an appointed agent of
				  the insurer with which the coverage is or will be placed.
(d) The broker provides the consumer with the
				  Standard Broker Fee Disclosure set forth as Appendix A to this
				  Article.
(e) The consumer and
				  broker sign a broker fee agreement that includes at minimum, and does not
				  conflict with, the Standard Broker Fee Agreement set forth as Appendix B to
				  this Article.
(f) The broker has an
				  in-force broker bond on file with the Department as required by Insurance Code
				  sections
				  1662,
				  1663, and
				  1665.
(g) The broker discloses, concurrent with the
				  conveyance of an initial premium quotation, the fact that a broker fee may be
				  charged.
1. New
					 section filed 8-25-2000; operative 11-23-2000 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02,
						709.03(b)
						and
						790.06,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.4 - Disclosure and Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The disclosure and agreement required by subdivisions
					 2189.3(d) and (e)
					 shall be printed in English and in any other language principally used by the
					 broker to advertise, solicit or negotiate the sale and purchase of insurance.
					 The disclosure and agreement, signed or initialed by the consumer, shall be
					 retained by a broker for eighteen months following the latest expiration of any
					 policy to which the disclosure and agreement apply.
1. New
					 section filed 8-25-2000; operative 11-23-2000 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02 and
						709.03(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.5 - Unfair and Deceptive Acts and Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following acts shall be deemed unfair or deceptive when
					 committed by a broker who has charged or will charge a broker fee:
(a) Failing to provide the consumer with the
				  Standard Broker Fee Disclosure required by subdivision
				  2189.3(d).
(b) Failing to complete all relevant portions
				  of the broker fee agreement required by subdivision
				  2189.3(e) before
				  giving the agreement to the consumer for review.
(c) Failing to provide to a consumer a fully
				  completed copy of the broker fee agreement required by subdivision
				  2189.3(e), signed
				  by both the consumer and the broker, as soon as reasonably
				  practicable.
(d) Failing promptly
				  to refund an entire broker fee if the broker acted incompetently or dishonestly
				  resulting in financial loss to the consumer, or if the broker did any of the
				  following regardless of financial loss:
(1)
				  Negligently or intentionally misquoted the premium to the consumer, resulting
				  in an uprate.
(2) Permitted an
				  unlicensed employee to transact insurance for, or on behalf of, the consumer
				  paying the fee, where the Insurance Code required that employee to be
				  licensed.
(3) Failed to refund
				  unearned premium as required by Insurance Code section
				  393(a),
				  except where permitted by Insurance Code sections
				  393(b)
				  or
				  1735.5.
(4) Negligently or intentionally failed to
				  place the consumer's coverage within the time period indicated to the consumer
				  or within a timely manner.
(5)
				  Negligently or intentionally failed to remit a consumer's premium payment to an
				  insurer or general agent, resulting in policy cancellation.
(6) Failed to disclose the existence of the
				  insurer's periodic payment plan, if one was available.
(7) Failed to refund unearned commission in
				  the broker's possession to the person to whom it is owed within 30 days of the
				  unearned commission being generated due to amendment or cessation of
				  coverage.
(8) Failed to remit or
				  apply to another policy premium finance company credit owed to the
				  consumer/borrower within 15 days or receiving the credit from the premium
				  finance company.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.6 - Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The failure to
				  comply with any subdivision of this article by a fire and casualty broker-agent
				  shall constitute a violation of Insurance Code section
				  1668(j),
				  and shall be grounds to suspend or revoke a license pursuant to Insurance Code
				  section
				  1738 et
				  seq.
(b) Nothing contained within
				  this article shall be deemed to limit the Commissioner's authority to impose
				  disciplinary sanctions authorized by statute or regulation for conduct or
				  nonfeasance by a broker not specifically addressed in this article.
1. New
					 section filed 8-25-2000; operative 11-23-2000 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.08 and
						790.09,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.7 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this article is invalidated by a court
					 with proper jurisdiction, the remaining provisions shall continue in
					 effect.
1. New
					 section filed 8-25-2000; operative 11-23-2000 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02,
						709.03(b),
						790.06,
						790.08 and
						790.09,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Section 2189.8 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article shall become effective on November 23,
					 2000.
1. New
					 section and appendices A and B filed 8-25-2000; operative 11-23-2000 pursuant
					 to Government Code section
					 11343.4(c)
					 (Register 2000, No. 34).
Note: Authority cited: Section
						790.10,
						Insurance Code. Reference: Sections
						790,
						790.01,
						790.02,
						709.03(b),
						790.08 and
						790.09,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Appendix A - Standard Broker Fee Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This disclosure was prepared by the California
					 Insurance Commissioner. Please READ IT CAREFULLY!
I. Do not sign any broker fee agreement unless all of its
					 blank lines and spaces have been filled-in and you have read this entire
					 document and the agreement carefully.
II. Your insurance broker represents you, the consumer, and
					 is entitled to charge a broker fee if he/she chooses. This fee is not set by
					 law, and may be negotiable between you and the broker.
III. It is illegal or improper for an insurance broker to
					 charge you a fee for placing coverage solely with the California Automobile
					 Assigned Risk Plan or the California FAIR Plan. Fees may be charged for
					 placement of other coverages.
IV. Broker fees are often non-refundable even if you cancel
					 your coverage. Refer to your broker fee agreement to see if your broker fee is
					 non-refundable. However, you may be entitled to a full refund of a broker fee
					 if your broker acted incompetently or dishonestly. Unresolved disputes over
					 non-refunded broker fees can be forwarded to the Department of Insurance for
					 review.
V. You are entitled to obtain and keep a completed copy of
					 this disclosure and any broker fee agreement you sign.
VI. Your broker may receive commission from insurance
					 company(ies) for placing your insurance. This commission may be paid to your
					 broker by the insurance company(ies) in addition to any broker fee you
					 pay.
VII. If you will be paying your premium in installments to
					 a finance company, by law you must receive a copy of a premium finance
					 disclosure and agreement. Be sure to obtain and read those documents before
					 signing a premium finance agreement. Also, ask the broker if the insurer offers
					 its own installment payment plan. Insurer installment plans are often cheaper
					 than premium financing through a separate premium finance company.
VIII. If your broker is placing automobile coverage, your
					 broker must provide you with a copy of the current Department of Insurance
					 pamphlet
Automobile Insurance
. If your broker is placing
					 residential coverage, your broker must provide you with a copy of the current
					 Department of Insurance pamphlet
Residential Insurance
. By
					 signing the disclosure you acknowledge receipt of the appropriate
					 pamphlet(s).
Client initials: __________
#10223 v1 - BROKER FEE REGS - DISCLOSURE FORM AS OF
					 3-21-00
March 22, 2000
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 6.8 - Broker Fees › Appendix B - Standard Broker Fee Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. The parties to this agreement are _______________
					 ("CLIENT") and ____________________, California Department of Insurance license
					 #XXXXXXX, ("BROKER").
2. CLIENT appoints BROKER as CLIENT'S insurance broker of
					 record.
3. This agreement shall become operative on _______________
					 (date), and shall continue in full force until terminated by either
					 party.
4. BROKER agrees to represent CLIENT honestly and
					 competently.
5. CLIENT agrees to pay BROKER a broker fee for BROKER'S
					 services. The broker fee is $_____. The broker fee IS / IS NOT refundable
					 (circle one).
6. BROKER may in the future charge CLIENT, and CLIENT
					 agrees to pay, additional fee(s) for the services listed below. The additional
					 fees and services are:
Service
Amount
7. Following are the nature and amount of all fees known to
					 BROKER that will be charged by persons other than BROKER or the insurance
					 company in connection with current placement of CLIENT's insurance. These fees
					 are not retained by BROKER.
Service
Amount
___________________________
Client signature
Date
___________________________
Broker signature
Date
In case of any questions or problems concerning broker fees
					 or insurance, contact the Department of Insurance at 1-(800) 927-HELP.
#10222 v1 - BROKER FEE REGS - AGREEMENT FORM AS OF
					 3-21-00
March 22, 2000
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190 - Authority

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 Sections
					 1727,
					 1763 and
					 1768, of
					 the Insurance Code. They shall apply to every agent or broker or surplus line
					 broker or special lines' surplus lines broker licensed by the Commissioner.
					 Surplus lines brokers and special lines' surplus lines brokers shall be subject
					 to these regulations to the same extent and in the same manner as agents and
					 brokers.
1. New
					 Article 7 (Sections
					 2190-2190.8) filed 12-30-76;
					 effective thirtieth day thereafter (Register 77, No. 1).
2.
					 Amendment of section and NOTE filed 8-28-98; operative 9-27-98 (Register 98,
					 No. 35).
Note: Authority cited: Sections
						1727,
						1763 and
						1768,
						Insurance Code. Reference: Sections
						1727,
						1763 and
						1768,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.1 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  record-keeping systems, whether manual or mechanical, must provide an audit
				  trail so that details underlying the summary data, such as invoices, checks,
				  and statements, may be identified and made available on request. All such
				  systems must provide the means to trace any transaction back to its original
				  source or forward to final entry, such as is accomplished by a conventional
				  double-entry bookkeeping system. When automatic data processing systems are
				  used, a description of the system must be available for review by the
				  Department.
This description must contain statements and illustrations
					 sufficiently detailed to indicate the application or process being performed,
					 the procedures employed in each application or process (such as flow charts,
					 block diagrams or other satisfactory descriptions of input or output
					 procedures) and the controls used to insure accurate an reliable
					 processing.
(b) All
				  record-keeping systems, including automatic data processing systems and
				  computer output microfilms, must be designed and programmed to produce the
				  required information in an intelligible form. Identification of coding systems
				  shall be readily available whenever they are used to record and maintain any of
				  the information required under Sections
				  2190.2,
				  2190.3 and
				  2190.4.
1. Amendment
					 filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
					 New NOTE filed 8-28-98; operative 9-27-98 (Register 98, No.
					 35).
Note: Authority cited: Sections
						1727,
						1763 and
						1768,
						Insurance Code. Reference: Sections
						1727,
						1763 and
						1768,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.2 - Required Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wherever applicable, the following records shall be
					 maintained by every agent or broker or surplus lines broker or special lines'
					 surplus lines broker with respect to each and every insurance transaction for
					 at least five years after expiration or cancellation date of the policy to
					 which the records pertain:
(a) Name of
				  insured,
(b) Name of
				  insurer,
(c) Policy
				  number,
(d) Effective date,
				  termination date and mid-term cancellation date of coverage,
(e) Amount of gross premium,
(f) Amount of net premium,
(g) Amount of commission and basis on which
				  computed,
(h) Names of persons who
				  receive, or are promised, any commissions or other valuable consideration
				  related to the transaction,
(i)
				  Amount of premium received including itemization of any partial payments or
				  additional premium,
(j) Date
				  premium received by agent or broker,
(k) Date deposited in bank account or bank
				  depository into which premiums are deposited or maintained in accord with
				  Section
				  1733 of the
				  Insurance Code, including but not limited to trustee accounts maintained
				  pursuant to Section
				  1734 of the
				  Insurance Code,
(l) Name and
				  address of bank and number of account in which premium is deposited or
				  maintained in accord with Section
				  1733 of the
				  Insurance Code, including but not limited to trustee accounts maintained
				  pursuant to Section
				  1734 of the
				  Insurance Code,
(m) Date premium
				  paid by agent or broker to the person entitled thereto and identification of
				  the means of transmittal,
(n)
				  Amount of net and gross return premium,
(o) Date return premium is received from
				  insurer by agent or broker which may be the date the credit is taken from the
				  insurer or the date the check or draft is received,
(p) Date gross return premium is remitted to
				  person entitled thereto by agent or broker and identification of means of
				  transmittal, and
(q) Any documents
				  required to be maintained pursuant to Section
				  2695.182 or subdivision (i) of
				  Section 2695.183.
1. Amendment
					 filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
					 Amendment of first paragraph, amendment of subsections (k) and (l) and new NOTE
					 filed 8-28-98; operative 9-27-98 (Register 98, No. 35).
3. Amendment
					 of subsections (o) and (p) and new subsection (q) filed 12-29-2010; operative
					 6-27-2011 pursuant to Government Code section
					 11343.4(b)
					 (Register 2010, No. 53).
Note: Authority cited: Sections
						1727,
						1763 and
						1768,
						Insurance Code. Reference: Sections
						1727,
						1733,
						1734,
						1763 and
						1768,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.3 - Records by File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Wherever applicable, the following records shall be maintained by every agent
				  or broker and surplus lines broker and special lines' surplus lines broker in a
				  file pertaining to a particular insured for a period of eighteen months after
				  the transaction described by such records:
(1)
				  Identity of each person who transacted the insurance, renewals and any change
				  in coverage,
(2) Records of all
				  binders, whether written or oral, showing the names of insured and insurer,
				  nature of coverage, effective and termination dates and premium for binder or
				  policy to be issued,
(3) Copy of
				  application or memorandum of request for insurance,
(4) Correspondence received, copies of
				  correspondence sent, memoranda, notes of conversation, or any other record
				  necessary to describe the transaction.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.4 - Direct Billing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  With respect to any business transacted on a direct billing basis, the
				  following records may be maintained in lieu of the records required by Section
				  2190.2:
(1) A policy record card or sheet or
				  declaration page,
(2) Copies of
				  premium payment receipts or other memoranda thereof for premiums collected when
				  collected by the agent or broker,
(3) Records of premium payments made by the
				  agent or broker,
(4) Copies of
				  memoranda of any additional or return premium received by the agent or
				  broker,
(5) Monthly or other
				  periodic statements from the insurer showing premium receipts on the agent's or
				  broker's business, and
(6) Copy of
				  any cancellation notice, or letter of cancellation notice, or letter of
				  cancellation for cause.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.5 - Bank Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following bank records shall be maintained at all times:
(1) Periodic statements of account supplied
				  by the bank for all accounts or depositories into which premiums are deposited
				  or maintained in accord with 1733 of the Insurance Code, including but not
				  limited to trustee accounts maintained pursuant to Section
				  1734 of the
				  Insurance Code.
(2) Records of all
				  deposits made into such accounts or depositories into which premiums are
				  deposited or maintained in accord with Section
				  1733 of the
				  Insurance Code, including but not limited to trustee accounts maintained
				  pursuant to Section
				  1734 of the
				  Insurance Code.
(3) Cancelled
				  checks drawn on, or records of withdrawal of funds from, such accounts or
				  depositories into which premiums are deposited or maintained in accord with
				  Section
				  1733 of the
				  Insurance Code, including but not limited to trustee accounts maintained
				  pursuant to Section
				  1734 of the
				  Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.6 - Interest Bearing Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a principal has authorized an agent or broker or
					 surplus lines broker or special lines' surplus lines broker to maintain funds
					 received in a fiduciary capacity, as defined in Sections
					 1733 and
					 1734 of the
					 Insurance Code, in an interest bearing account and to retain interest earned
					 (i.e., savings account or certificate of deposit), such authorization shall be
					 in writing and the original thereof shall at all times be maintained as part of
					 the pertinent records of the agent or broker and shall be readily available on
					 request, for so long as fiduciary funds are so maintained for such
					 insurer.
1. Amendment
					 filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
					 Amendment of section and new NOTE filed 8-28-98; operative 9-27-98 (Register
					 98, No. 35).
Note: Authority cited: Sections
						1727,
						1763 and
						1768,
						Insurance Code. Reference: Sections
						1733 and
						1734,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.8 - Retention Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
					 Repealer filed 8-28-98; operative 9-27-98 (Register 98, No.
					 35).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7.5 - Prescribed Method of Filing Notice of Appointment of Agents and Notice of Termination of Appointment of Agents › Section 2190.20 - 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 Sections
					 1707 of the
					 California Insurance Code. Except as otherwise provided in Section
					 1704.5, each notice of appointment
					 or notice of termination of appointment shall be filed on forms prescribed by
					 the commissioner within 10 days of appointment or
					 termination.
1. New
					 article 7.5 (sections
					 2190.20-2190.24) and section filed
					 7-12-2006; operative 8-11-2006 (Register 2006, No.
					 28).
Note: Authority cited: Section
						1707,
						Insurance Code. Reference: Sections
						1705 and
						1707.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7.5 - Prescribed Method of Filing Notice of Appointment of Agents and Notice of Termination of Appointment of Agents › Section 2190.22 - Prescribed Method of Electronic Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within six months of the effective date of these
					 regulations, all insurance companies, unless excepted by section
					 2190.24, are required to submit
					 appointments and terminations in an electronic form for the following license
					 lines: Fire & Casualty, Life Agent, Travel Agent, Disability Only, Part
					 Time Fraternal, Motor Club, Personal Lines, and Home Protections. Additional
					 lines of authority may be added to this section as technological advancement
					 will allow. Any paper appointments or terminations received after the six month
					 grace period will be considered null and void.
Electronic submission into the department's Insurance
					 Producer Licensing Database shall be through any of the following approved
					 entities:
(a) The National Insurance
				  Producer Registry (NIPR) and its authorized business partners. NIPR is a
				  subsidiary of the National Association of Insurance Commissioners (NAIC) and
				  offers organizations the option of programming their own portal into NIPR or
				  the option of using the portals provided by its authorized business partners.
				  NIPR Authorized business partners may also be added or removed as new business
				  partner agreements are made.
(b)
				  Any additional vendors authorized by the California Department of Insurance to
				  provide similar electronic submission services will be identified on the
				  Department's official web site (
www.insurance.ca.gov
) as they become
				  available. These regulations do not endorse any particular vendor.
(c) The California Department of Insurance
				  also reserves the right to develop its own direct method of electronic
				  submission of appointment and termination of company appointments.
1. New
					 section filed 7-12-2006; operative 8-11-2006 (Register 2006, No.
					 28).
Note: Authority cited: Section
						1707,
						Insurance Code. Reference: Sections
						1705 and
						1707.5,
						Insurance Code.