Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 14070), the proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the commissioner shall have all the powers granted therein.
Insurance Adjuster ActDisciplinary Proceedings
Section § 14060
This California Insurance Code section states that except when Article 6's rules apply, proceedings must follow specific guidelines set out in another part of California law. The Insurance Commissioner has all the powers that part of the law gives them.
Insurance Commissioner proceedings Article 6 compliance
Section § 14061
This law outlines the reasons why the commissioner may suspend, revoke, or restrict a business license. Reasons include making false statements on license applications, breaking rules set by the commissioner, being convicted of related crimes, impersonating law enforcement, not fulfilling client agreements, committing violence unjustifiably, violating court orders, working improperly with attorneys, engaging in prohibited acts, or mishandling tear gas weapons.
The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if he or she determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a)CA Insurance Code § 14061(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.
(b)CA Insurance Code § 14061(b) Violated any provisions of this chapter.
(c)CA Insurance Code § 14061(c) Violated any rule of the commissioner adopted pursuant to the authority contained in this chapter.
(d)CA Insurance Code § 14061(d) Been convicted of any crime substantially related to the qualifications, functions and duties of the holder of the registration or license in question.
(e)CA Insurance Code § 14061(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
(f)CA Insurance Code § 14061(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
(g)CA Insurance Code § 14061(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
(h)CA Insurance Code § 14061(h) Committed assault, battery, or kidnapping, or used force or violence on any person, without proper justification.
(i)CA Insurance Code § 14061(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
(j)CA Insurance Code § 14061(j) Acted as a runner or capper for any attorney.
(k)CA Insurance Code § 14061(k) Committed any act which is a ground for denial of an application for license under this chapter.
(l)CA Insurance Code § 14061(l) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the commissioner.
license suspension license revocation restricted license
Section § 14061.5
This law allows the commissioner to suspend, revoke, or issue a restricted license without holding a hearing if the licensee is found guilty of actions or crimes that would warrant license denial under a specific section of the law.
The commissioner may, without hearing, suspend or revoke a license issued under this chapter, or may issue a restricted license, if he or she determines that the licensee has committed any act or crime constituting grounds for denial of license under Section 14028.5.
license suspension license revocation restricted license
Section § 14062
This law states that if someone is found guilty of a crime, whether by plea or verdict, that conviction is considered final for certain legal procedures. Even if someone later changes their guilty plea, or their conviction is dismissed, these actions do not change the fact that the conviction affects their license status. The insurance commissioner can suspend or revoke a license, or refuse to issue a new one, once the conviction process is over or upheld on appeal.
The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction, as that term is used in this article or in Section 14028 or 14028.5.
A plea or verdict of guilty or a plea of nolo contendere is deemed to be a conviction within the meaning of this article or of Section 14028 or 14028.5. The commissioner may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that
person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
conviction evidence plea of nolo contendere license suspension
Section § 14063
This law allows the commissioner to suspend, revoke, or restrict a license if a licensee or their team breaks certain rules. Firstly, if they falsely claim to represent any government entity, that could lead to action. Secondly, if they use a different name than the one on their license in any promotional material or business contracts, they may face consequences.
The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the commissioner determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a)CA Insurance Code § 14063(a) Used any letterhead, advertisement, or other printed matter, or in any matter whatever represented that he or she is an instrumentality of the federal government, a state or any political subdivision thereof.
(b)CA Insurance Code § 14063(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
license suspension license revocation restricted license
Section § 14064
This section allows the commissioner to suspend, revoke, or restrict a business license if the licensee or key personnel commit acts of dishonesty or fraud. These acts include making false statements or publishing defamatory information, using illegal methods to collect debts, creating fake evidence, working against a client by using confidential information obtained during past employment, and impersonating law enforcement officers.
The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the commissioner determines that the licensee, or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has committed any act in the course of the licensee’s business constituting dishonesty or fraud.
“Dishonesty or fraud” as used in this section includes, in addition to other acts not specifically enumerated herein, all of the following:
(a)CA Insurance Code § 14064(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.
(b)CA Insurance Code § 14064(b) Using illegal means in the collection or attempted collection of a debt or obligation.
(c)CA Insurance Code § 14064(c) Manufacture of evidence.
(d)CA Insurance Code § 14064(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by such client or former client.
(e)CA Insurance Code § 14064(e) Impersonating, or permitting or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
license suspension license revocation dishonesty
Section § 14064.5
The commissioner has the authority to deny, suspend, or revoke a nonlicensed adjuster's registration or impose restrictions on it, similar to the actions they can take against a licensed adjuster. This is based on certain conditions detailed in other sections of the law.
Additionally, if a nonlicensed adjuster working for an adjusting firm commits a violation, the commissioner can take similar actions against the firm's license, as specified in related sections.
(a)CA Insurance Code § 14064.5(a) The commissioner may, at any time, deny, suspend, or revoke a nonlicensed adjuster’s registration under Section 14022.5, or impose a restricted registration, in the same manner and on the same grounds as the commissioner may for a license as set forth in Sections 14026.5 to 14028.5, inclusive.
(b)CA Insurance Code § 14064.5(b) The commissioner may deny, suspend, revoke, or restrict an adjusting firm’s license if a nonlicensed adjuster registered by the firm pursuant to Section 14022.5 commits an act that would give rise to suspension, revocation, or restriction of the firm’s license under Section 14038, 14039, or 14061 to 14064, inclusive.
commissioner authority nonlicensed adjuster registration denial
Section § 14065
Instead of suspending or revoking a license for certain violations, the commissioner can choose to fine the license holder up to $500 if they think a fine would be more effective.
The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 14061, 14063, 14064, and 14064.5, may impose a civil penalty not to exceed five hundred dollars ($500) upon a licensee, if the commissioner determines that a penalty better serves the purposes of this chapter.
license violations civil penalty commissioner's discretion
