reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.18 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated pursuant to the authority
					 granted the Insurance Commissioner by the California State Legislature under
					 the provisions of Assembly Bill (AB) 2354 (Chapter 257, Statutes of 2012). On
					 and after January 1, 2013, a licensed limited lines travel insurance agent may
					 transact travel insurance only upon compliance with Insurance Code Sections
					 1752
					 through
					 1757,
					 inclusive.
1. New
					 article 12.5 (sections
					 2194.18-2194.26) and section filed
					 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Section
						1757,
						Insurance Code. Reference: Section
						1757,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.19 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms defined in Section
					 1753 of the
					 Insurance Code apply to these regulations. Specifically, these terms include
					 the following: "limited lines travel insurance agent", "transact", "travel
					 insurance", and "travel retailer".
1. New
					 section filed 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Section
						1757,
						Insurance Code. Reference: Section
						1753,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.20 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate
				  license shall be applied for and obtained by each organization that intends to
				  act as a limited lines travel insurance agent. The limited lines travel
				  insurance agent license designation is limited to business entities and is not
				  available to individuals. An organization may act as the travel insurance agent
				  for more than one insurer without being required to obtain additional
				  licenses.
(b) An applicant for a
				  limited lines travel insurance agent license shall file with the Commissioner
				  any true or fictitious name(s) under which the applicant intends to act as a
				  travel insurance agent. The Commissioner may disapprove, in writing, the use of
				  any true or fictitious name by any licensee pursuant to Section
				  2050 et seq. of this
				  chapter.
(c) Applications and
				  certification required pursuant to Article 15 (commencing with Section
				  1755) of the Insurance Code shall
				  be made under penalty of perjury under the laws of the State of
				  California.
1. New
					 section filed 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Sections
						1724.5 and
						1757,
						Insurance Code. Reference: Sections
						1724.5,
						1754,
						1755 and
						1757,
						Insurance Code; and California Code of Regulations Title 10, Section
						2050 et
						seq.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.21 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  non-refundable, biannual application fee of $4,128 shall be paid at the time a
				  limited lines travel insurance agent license application is filed with the
				  Commissioner. Applications that are not accompanied by the appropriate fee
				  shall not be accepted for filing, regardless of whether they contain all of the
				  documents otherwise required by Section
				  1755 of the
				  Insurance Code.
(b) A
				  non-refundable, biannual renewal application fee of $4,128 shall be paid at the
				  time a limited lines travel insurance agent license renewal application is
				  filed with the Commissioner.
(c)
				  Costs incurred by the Department of Insurance for any enforcement action or
				  investigation shall be paid by the licensee, in addition to the application or
				  renewal application filing fee.
1. New
					 section filed 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Section
						1757,
						Insurance Code. Reference: Section
						1755,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.22 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Brochures and
				  other written materials that are provided by the travel retailer to a customer
				  or a prospective customer pursuant to Section
				  1754 (a)(1), (7), and
				  (8) of the Insurance Code shall include:
(1) the approved true or fictitious name
				  under which the licensed agent is doing business;
(2) the name of any insurer(s) providing the
				  travel insurance coverage being offered or sold to the prospective insurance
				  customer.
(3) All disclosures
				  required by Section
				  1754(a)
				  of the Insurance Code and paragraphs (a)(1) and (a)(2) of this Section shall be
				  written clearly and conspicuously.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.23 - Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When applying
				  for a limited lines travel insurance agent license, the applicant shall prepare
				  and submit to the Commissioner a copy of the materials that will be used for
				  training the employees of its designated travel retailer(s).
(b) If an applicant or licensee uses training
				  materials that have been previously deemed approved by the Department pursuant
				  to Insurance Code Section
				  1754(a)(6),
				  the applicant or licensee shall submit a copy of said training materials and an
				  authorization letter from the party who created the training materials
				  authorizing the applicant or licensee to use its training materials.
1. New
					 section filed 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Section
						1757,
						Insurance Code. Reference: Section
						1754,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.24 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Records of
				  insurance transactions and documents required by Section
				  1754 of the
				  Insurance Code and this article shall be maintained for at least three (3)
				  years after the expiration or cancellation date of the policy to which the
				  records pertain, except where otherwise specifically authorized by statute or
				  the Commissioner.
(b) Records shall
				  be kept in this State, in the principal office of the licensee, except where
				  otherwise specifically authorized by statute or the Commissioner.
(c) Records shall be produced for examination
				  by the Commissioner or a designee of the Commissioner within 21 days of the
				  mailing date of a written request. The Commissioner may request that the
				  records be produced in electronic or written format.
1. New
					 section filed 6-29-2015; operative 10-1-2015 (Register 2015, No.
					 27).
Note: Authority cited: Sections
						1736.5 and
						1757,
						Insurance Code. Reference: Sections
						1736.5 and
						1754,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 12.5 - Travel Insurance Agent Licensing Regulations › Section 2194.26 - Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  criteria shall apply to procedures employed by the Commissioner in considering
				  and issuing licenses:
(1) If the submitted
				  application and/or forms provided in Section
				  2194.25 of these regulations, are
				  deficient, the Commissioner shall, within twenty-one (21) calendar days of
				  receipt of the license application, inform the applicant, in writing, by mail
				  or email, that the application and/or forms are deficient and what specific
				  information is required for completion.
(2) The Commissioner shall, within thirty
				  (30) calendar days of the filing of a completed application, reach a decision
				  whether to issue or deny a license, and shall notify the applicant of the
				  decision. If the Commissioner has decided to deny the application, the
				  reason(s) shall be set forth in the notification.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 13 - Form of Application for Title Marketing Representative Certificate of Registration › Section 2194.50 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) The term "title marketing representative"
				  has the meaning set forth in subdivision (b) of Insurance Code section
				  12418.
				  "Representative" means "title marketing representative," as defined in the
				  preceding sentence.
(b) The term
				  "company" means a title insurer, an underwritten title company or a controlled
				  escrow company.
(c) The terms
				  "employment" and "employ" signify any arrangement whereby a representative is
				  authorized to work for a company.
(d) The Department of Insurance is referred
				  to herein as the "Department."
(e)
				  "Live Scan" is a service provided by vendors authorized by the California
				  Department of Justice whereby fingerprint impressions are electronically
				  scanned and processed in order to perform a criminal record check.
(f) "Live Scan vendor" means any organization
				  identified from time to time by the California Department of Justice as being
				  authorized to collect Live Scan fingerprint impressions. It is possible to
				  locate a Live Scan vendor by contacting the California Department of Justice.
				  It is also possible to schedule an appointment with the Department's contracted
				  Live Scan vendor located at the Department's examination sites; the contact
				  information for the Department's contracted Live Scan vendor can be obtained
				  from the Department's Producer Licensing Bureau.
(g) An "Automated Transaction Identifier" or
				  "ATI" is a character string that is provided by a Live Scan vendor to an
				  applicant whose fingerprint impressions the vendor has scanned and that is used
				  to record, identify and track the applicant's fingerprint data.
(h) The letter and number designations
				  appearing to the left of the headings and the blocks of text within sections
				  indicate the following organizational hierarchy, in descending order of
				  inclusiveness:
(a) Subdivision;
(1) Paragraph;
(A) Subparagraph;
1. item;
a.
				  subitem;
A.
				  sub-subitem.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 13 - Form of Application for Title Marketing Representative Certificate of Registration › Section 2194.52 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application
				  fee of $200 shall be paid online in order to complete the online application
				  referenced in paragraph (a)(1) of Section
				  2194.51.
(b)
(1) A
				  renewal fee of $200 shall be paid online in order to complete the online
				  renewal application referenced in paragraph (b)(1) of Section
				  2194.51.
(2) A late renewal fee of $50 shall be paid
				  online in addition to the $200 renewal fee in order to complete the online
				  renewal application when the renewal application is received by the Department
				  after the certificate expiration date or, if applicable, the renewal expiration
				  date, whichever is the later.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 13 - Form of Application for Title Marketing Representative Certificate of Registration › Section 2194.53 - Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An officer of the company that employs or will employ an
					 applicant for a title marketing representative certificate of registration
					 shall retain a written statement, signed by the officer, certifying that the
					 applicant will be provided training regarding Article 6 (commencing with
					 Section 12404) of Chapter 1 of Part 6 of
					 Division 2 of the Insurance Code, as amended. The signed statement required by
					 the preceding sentence shall be deemed to be part of the applicant's online
					 application. The text of this signed statement shall read as follows: "I
					 certify under penalty of perjury, under the laws of the State of California,
					 that all applicants submitted for employment will be provided training
					 regarding Article 6 (commencing with Section
					 12404) of the Insurance Code
					 within 60 days of the hiring date or of the date of his or her application,
					 whichever is later" and shall be submitted as part of the online notice of
					 employment referenced in subdivision (c) of Section
					 2194.55.
1. New
					 section filed 12-31-2008 as an emergency; operative 1-1-2009 (Register 2009,
					 No. 1). A Certificate of Compliance must be transmitted to OAL by 6-30-2009 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-31-2008 order, including
					 amendment of section and NOTE, transmitted to OAL 6-17-2009 and filed 7-29-2009
					 (Register 2009, No. 31).
Note: Authority cited: Sections
						12404,
						12418,
						12418.1,
						12418.2 and
						12418.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); and 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						12404,
						12418,
						12418.1,
						12418.2 and
						12418.3,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 13 - Form of Application for Title Marketing Representative Certificate of Registration › Section 2194.54 - Fingerprinting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All applicants
				  who submit a title marketing representative application are required to submit
				  fingerprint impressions by following the procedure specified below.
(1) The applicant must obtain hardcopy of the
				  Department's Live Scan request form either from the Department's contracted
				  Live Scan vendor, in the event the applicant has made an appointment with that
				  vendor, or by downloading and printing the form from the Department's website:
				  insurance.ca.gov.
(2) The applicant
				  must complete the applicants' portion of the Department's Live Scan request
				  form by providing on the form the information specified in subdivision (b) of
				  Section 2194.55.
(3) The applicant must present to a Live Scan
				  vendor the completed Live Scan request form and obtain from that vendor the
				  requisite fingerprint impression services.
(4) The applicant must retain indefinitely
				  the information that will be provided on the Department's Live Scan request
				  form by the Live Scan vendor, including but not limited to the
				  ATI.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.1 - Authority and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter is promulgated pursuant to Insurance Code
					 sections
					 1855.1
					 through
					 1855.5.
					 This subchapter shall only apply to advisory organizations and shall not be
					 construed to require or permit advisory organizations to submit any documents
					 to the Department of Insurance not provided for in the Insurance Code, or other
					 subchapters of the California Code of Regulations. This subchapter shall be in
					 addition to, and shall not apply to, any action or proceedings under Insurance
					 Code sections
					 1858
					 through
					 1858.7.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Sections
						1855.1
						through
						1855.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Advisory
				  organization" means every person other than an individual admitted insurer who:
(1) develops or prepares policy or bond
				  forms, carries on research relative to the development and preparation of
				  policy and bond forms for use in California by insurers, or who collects,
				  compiles, or disseminates to insurers historical data on paid claims or
				  reserves for reported claims, or related statistical information or data for
				  actuarial analysis and acts in an advisory, as distinguished from a ratemaking,
				  capacity and
(2) has filed with the
				  Commissioner
(A) a copy of its constitution,
				  articles of incorporation, agreement of association, and of its by-laws, or
				  rules and regulations governing its activities,
(B) a list of its members and subscribers,
				  and
(C) the name and address of a
				  resident of this State upon whom notices or orders of the Commissioner or
				  process may be served.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.3 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A one hundred
				  dollar ($100.00) fee shall be paid at the time an application is filed for
				  submission.
(b) Applications which
				  are not accompanied by the appropriate fee shall be rejected.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 including amendment to subsections (a) and (b) transmitted to OAL 5-17-91 and
					 filed 6-17-91 (Register 91, No. 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Sections
						1855.5 and
						12973.9,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.4 - Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All policy or bond forms developed or prepared by an
					 advisory organization first printed on or after January 1, 1990, shall be filed
					 with the Form Filing Office, in compliance with the following standards:
(a) All policy or bond forms shall be filed
				  together with a transmittal letter.
(b) Every transmittal letter shall include
				  the following information:
(1) Name and
				  address of advisory organization
(2) Name, address and telephone number of
				  contact person
(3) Title of form
				  submitted
(4) Form number
(5) A general description of the form
				  submitted
(6) Whether the form
				  revises another form previously published by the advisory organization, and if
				  so identifying the form or forms
(7) Whether the form revises another form
				  previously filed with or approved by the Commissioner, and if so identifying
				  the form or forms
(8) The fee
				  indicated by section
				  2195.3(a).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.5 - Information Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each application shall include the following, if applicable:
(1) if the application relates to a new
				  program or line of business, the applicant shall provide a written explanation
				  of the purpose and intent of the new product;
(2) if the application is a revision or
				  replacement of a previously approved form or a form previously made available
				  to insurers for use in California, the application must describe each revision
				  or replacement and the reasons for each revision or replacement, and must
				  include copies of the revised or replaced form;
(3) if the application is a revision of a
				  previously approved form or a form previously made available to insurers for
				  use in California, the application must show a comparison of the new words with
				  the words being replaced or, in lieu of this, bracket the words or matter to be
				  omitted and underline the words or matter to be added on a separate copy of the
				  form. The filing of a revised form or forms must fully describe the intended
				  effect(s) of each element of the revision;
(4) if the application is for a form (such as
				  a rider) which is designed to be used with another document (such as a policy),
				  reference to the document or the type of document with which it is intended to
				  be used shall be made, or, in lieu of this, a copy of the document or a sample
				  of the type of document with which it is intended to be used may be included; a
				  copy of the document or a sample of the type of document shall be provided upon
				  request by the Department;
(5) if
				  the application is submitted to respond or comply with a particular statute,
				  case or decision, reference shall be made thereto including either a citation
				  or a copy of the statute, case or decision.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 1 - Submission and Approval Procedures; Fees › Section 2195.6 - Service and Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a writing is due from the Commissioner, an
					 applicant or any other person, it may be served by mail or in person in
					 accordance with the procedures set forth in section
					 2197.2(f) and the
					 time for service shall be computed in accordance with section
					 2197.2(1).
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 2 - Actions on Approval › Section 2196.1 - Review of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Insurance Department may review any submitted application to determine
				  whether or not the policy or bond form contents or the use thereof would be
				  inconsistent with the Insurance Code or would result in activities and
				  practices by insurers that are unfair, unreasonable or otherwise inconsistent
				  with the Insurance Code.
(b) Within
				  fifteen days of receipt by the Department, applications which are not in
				  compliance with applicable procedural requirements of this subchapter or which
				  the Commissioner chooses not to review, may be rejected. A rejection shall
				  constitute an act by the Commissioner on the policy or bond form application
				  and no application that has been rejected shall be deemed approved. In the case
				  of a rejection, the Commissioner shall notify the applicant in writing of the
				  reason(s) for the rejection. Acceptance of a application is not a determination
				  that the application complies with all requirements and shall not constitute a
				  waiver of any requirements.
(c) The
				  Commissioner may allow or require an applicant to modify, supplement, or amend
				  an application.
(d) A rejection
				  shall be effective on the date it is served.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
4. Editorial correction of printing error in subsection (b)
					 (Register 91, No. 46).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(a) and
						(b), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 2 - Actions on Approval › Section 2196.2 - Approval of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reviewed applications shall be approved if the Commissioner determines that the
				  policy or bond form contents or the use thereof would be consistent with the
				  Insurance Code and would not result in activities and practices by insurers
				  that are unfair, unreasonable or otherwise inconsistent with the Insurance
				  Code.
(b) Approvals shall be in
				  writing, served on the applicant.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(a),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 2 - Actions on Approval › Section 2196.3 - Disapproval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commissioner may disapprove any policy or bond forms which are unfair,
				  unreasonable, or otherwise inconsistent with the provisions of the Insurance
				  Code.
(b) If the Commissioner
				  reviews an application and determines that the application should be
				  disapproved, the Commissioner shall issue a Notice of Determination to Hold
				  Hearing. A Notice of Determination to Hold Hearing shall set forth the basis
				  for disapproval.
(c) Within fifteen
				  days of service of a Notice of Determination to Hold Hearing, an applicant must
				  elect to either
(1) modify, supplement, amend
				  or withdraw the application,
(2)
				  acknowledge receipt of the notice and request a hearing pursuant to section
				  2197.1, or
(3) waive the right to a hearing and accept
				  the disapproval. All elections must be written and filed. An applicant who
				  fails to so elect will be deemed to have requested a
				  hearing.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 2 - Actions on Approval › Section 2196.4 - Revocation of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Approval of a policy or bond form application may be revoked for good cause,
				  after a hearing is held as set forth in article 3 of this subchapter. Good
				  cause to revoke approval shall include forms that by their contents or as
				  utilized are unfair, unreasonable or otherwise inconsistent with the provisions
				  of the Insurance Code.
(b)
				  Revocations of approvals shall be in writing, served on the
				  applicant.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Sections
						1855.5(a) and
						(b), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 3 - Hearing Procedures › Section 2197.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in section
					 2195.2, the following definitions
					 shall apply:
(a) "Certificate of
				  Service" means a statement, signed under penalty of perjury under the laws of
				  California by a person at least 18 years of age and not a party to the
				  proceeding, containing the names and addresses of all parties to the
				  proceeding, indicating the date, place and manner of service to all parties to
				  the proceeding of the pleading or other document a copy of which is attached.
				  An employee of a party may sign a certificate of service.
(b) "Day" means a calendar, not business
				  day.
(c) "Pleading" means any
				  petition, notice of defense, withdrawal of application, waiver of hearing,
				  notice of hearing, notice of determination to hold hearing, acknowledgement of
				  notice of determination to hold hearing and request for hearing, petition to
				  intervene, any motion or other formal filing made as part of a proceeding held
				  pursuant to this subchapter. An application is not a pleading.
(d) "Proceeding" means any hearing conducted
				  pursuant to Insurance Code section
				  1855.5.
(e) "Filing Office" means that office within
				  the office of the Insurance Commissioner in Oakland, designated for receipt of
				  all pleadings filed pursuant to this subchapter. Facsimile transmissions and
				  plastic bound documents shall not be submitted to the Filing Office.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
4. Change without regulatory effect amending subsection (e)
					 filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 3 - Hearing Procedures › Section 2197.3 - Decision to Hold Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Insurance Commissioner shall exercise discretion in
					 deciding whether or not to hold a hearing under Insurance Code section
					 1855.5. The
					 Commissioner will serve a Notice of Determination to Hold Hearing if he or she
					 reviews an application and determines that it should be
					 disapproved.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 3 - Hearing Procedures › Section 2197.4 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written notice of not less than 10 days shall be given to
					 the applicant prior to commencement of any hearing.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 4 - Consumer and Interested Party Participation › Section 2198.1 - Intervention Right

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any consumer representative or other interested person may
					 intervene in any hearing under this subchapter unless it is determined by the
					 hearing officer that granting the petition to intervene will unduly broaden the
					 issues or would unduly burden resolution of the hearing.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
4. Editorial correction of punctuation printing error in NOTE
					 (Register 91, No. 46).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 4 - Consumer and Interested Party Participation › Section 2198.2 - Consumer Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purpose of this subchapter, "Consumer Representative"
					 means anyone who, in the judgment of the Commissioner or Hearing Officer,
					 represents the interests of the public, policyholders, claimants or any other
					 interest not otherwise adequately represented.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 4 - Consumer and Interested Party Participation › Section 2198.3 - Interested Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Interested party" means any person, organization,
					 association or other entity that believes it has an interest in the
					 hearing.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 4 - Consumer and Interested Party Participation › Section 2198.4 - Procedures for Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An interested party or consumer representative desiring to
					 intervene and become a party to the hearing shall file a petition to intervene
					 which shall be drafted in compliance with section
					 2197.2 of this subchapter.
The Petition to Intervene shall contain the grounds of the
					 proposed intervention, the positions and interest of the petitioner in the
					 proceeding, and whether the petitioner supports or opposes the application
					 which is the subject of the hearing.
A petition to intervene shall be filed with the
					 Commissioner and served prior to the hearing, except for good cause
					 shown.
The Commissioner or hearing officer shall rule on the
					 petition.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 including amendment transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91,
					 No. 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 4 - Consumer and Interested Party Participation › Section 2198.5 - Other Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the discretion of the Hearing Officer, consumer
					 representatives and other interested persons who have not formally intervened
					 may participate in the hearing in any other manner the hearing officer deems
					 appropriate under the circumstances.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No.
					 36).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5(b),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 5 - Public Access to Submitted Documents › Section 2199.1 - Public Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All applications and other documents submitted pursuant to
					 this subchapter shall be available for public inspection at the Commissioner's
					 Office in Los Angeles and Oakland.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-5-91 order
					 including amendment transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91,
					 No. 36).
4. Change without regulatory effect amending section filed
					 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Sections
						1855.5(b),
						Insurance Code; and Section
						6256,
						Government Code.