California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033 › Section 2175.6 - Applications for Written Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Prohibited Person must file an Application for Written
					 Consent with the Department as set forth herein.
(a) Prohibited Persons must submit to the
				  Department an Application for Written Consent (National Association of
				  Insurance Commissioners' (NAIC) Short Form Application for Written Consent to
				  Engage in the Business of Insurance Pursuant to
				  18 U.S.C. §
											1033 and
				  1034 (dated 1998), which is
				  incorporated herein by this reference). Prohibited Persons are those defined in
				  section 2175.2(m),
				  herein.
(b) It is the
				  responsibility of the applicant to read the Application in its entirety. Every
				  question must be answered completely and truthfully. The NAIC Short Form
				  Application is available at the Department's website at
www.insurance.ca.gov
and at the
				  Department of Insurance Licensing Background Bureau.
(c) Failure to submit a complete Application
				  may result in delay or denial of the Commissioner's Written Consent. The
				  purpose of the Application is to provide the Prohibited Person with an
				  opportunity to demonstrate that, notwithstanding the provisions of the Act, the
				  Prohibited Person is fit to transact, or to engage in, the business of
				  insurance without risk to consumers or insurers.
(d) The burden is upon the Prohibited Person
				  to establish that the Commissioner's Written Consent should be
				  granted.
(e) All Applications
				  submitted to the Department must be typewritten. Any application that is not
				  typewritten will be returned to the Applicant.
(f) All Applications submitted must be
				  complete. Certified copies of all court documents setting forth the initial
				  conviction and any subsequent disposition, together with any other relevant
				  documents or information that the Prohibited Person would like to have
				  considered must be submitted within thirty (30) days of the Department's
				  receipt of the application.
(g)
				  Fingerprint impressions on FBI Form #FD-258 (Rev. 12-29-1982, which is
				  incorporated herein by this reference) should be submitted directly to
				  "Sylvan/Identix Fingerprinting Centers", along with a check in the amount of
				  $74.00 made payable to "Sylvan/Identix Fingerprinting Centers." Fingerprint
				  card completion instructions are available on the Department's website at
www.insurance.ca.gov
.
An application is incomplete without the following:
(1) An application processing fee in the
				  amount of $124.00, payable to the California Department of Insurance.
(2) Two 2" by 2" recent passport photographs
				  attached to the upper right hand corner of the first page of the application
				  for written consent.
(3) Any
				  amendment to the application must be filed immediately upon the occurrence of
				  any event that would change any answer on the application. Failure to file a
				  timely amendment may result in denial of the Request for Written Consent or the
				  immediate withdrawal of previously granted consent.