As used in this article, “presiding officer” means the executive officer of the Office of Administrative Hearings.
Insurance Adjuster ActNonresidents
Section § 14070
This law section defines that the 'presiding officer' refers to the executive officer in charge of the Office of Administrative Hearings.
presiding officer executive officer Office of Administrative Hearings
Section § 14071
This law states that if a nonresident, who holds a necessary license, performs any work in the state (either personally or through an employee), it's like they agree to have the presiding officer act as their legal representative. This means that any legal or disciplinary actions can be officially delivered to this officer on their behalf.
The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her performance within this state, either personally or through an employee, of any act for which a license is required by this chapter, is equivalent to the appointment by such licensee of the presiding officer as his or her true and lawful attorney upon whom may be served all lawful process in any disciplinary proceeding conducted against him or her under this chapter.
nonresident licensee legal appointment performance within state
Section § 14072
This law states that if someone accepts certain rights and privileges, they are agreeing that any legal process served to them in the way described by this law will be considered as legally effective as if it were served to them directly in California.
The acceptance of such rights and privileges as evidenced by such act shall signify the agreement of the licensee that any such process which is served against him or her in the manner provided in this article shall be of the same legal force and validity as if served upon him or her personally in this state.
rights and privileges acceptance legal process service served in absentia
Section § 14073
This section describes how to serve legal papers to a licensee. It says you have to leave a copy of the accusation, a notice of defense, and a statement with a two-dollar fee per licensee, either with the presiding officer or in their office in Sacramento. This method counts as adequate service as long as it complies with another specific section, Section 14074.
Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of two dollars ($2) for each licensee to be served, in the hands of the presiding officer or in his or her office in Sacramento. Such service shall be sufficient service on the licensee subject to compliance with Section 14074.
service of legal papers accusation delivery notice of defense
Section § 14074
This law section explains that when a legal accusation is made against a license holder, the presiding officer has to promptly send a notice and necessary documents to the licensee by registered mail to their last known address. Alternatively, delivering these documents in person to the licensee anywhere outside of the state is considered just as valid as mailing them.
A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered mail by the presiding officer to the licensee at his or her last known address as furnished by the commission. Personal service of such notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee wherever found outside this state shall be the equivalent of such mailing.
registered mail presiding officer licensee notification
Section § 14075
If someone is notified by mail under Section 14074, proof that they received it involves an affidavit from the person in charge or an authorized worker, along with the mail receipt signed by the person or their agent. These documents must be attached to the original complaint with the commissioner.
If the notice is delivered in person outside California, proof can be shown by a statement from a public officer who is allowed to serve court papers in that place. This statement is also attached to the original complaint with the commissioner.
Proof of compliance with Section 14074 shall be made in the event of service by mail by affidavit of the presiding officer or his or her authorized employee showing such service by mailing, together with the return receipt of the United States post office bearing the signature of the licensee or his or her agent. Such affidavit and receipt shall be appended to the original accusation on file with the commissioner. In the event of personal service outside this state, such compliance may be proved by the return of any duly constituted public officer qualified to serve process in civil actions in the state or jurisdiction where the licensee is found, showing such service to have been made. Such return shall be appended to the original accusation on file with the commissioner.
proof of compliance mail service affidavit
Section § 14076
This California insurance law ensures that if you are involved in a legal proceeding related to your license, you will have enough time to prepare your defense. Specifically, you’ll get at least 30 days from when the accusation is served to file a defense, and you'll receive notices related to the hearing at least 20 days in advance. Additionally, you'll have a minimum of 15 days to request to cross-examine witnesses.
The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, such hearing officer, may order such postponements or continuances and grant such extensions of time as may be necessary to afford the licensee reasonable opportunity to defend the proceeding. In no event shall the licensee have less than 30 days after the date of service of the accusation in which to file a notice of defense, nor shall the notice of hearing provided for in Section 11509 of the Government Code or the notice and copy of affidavit referred to in Section 11514 of the Government Code be mailed or delivered less than 20 days prior to the date of hearing, and the time for making a request to cross-examine under Section 11514 of the Government Code shall not be less than 15 days.
insurance license defense postponement rights licensee hearing notice
Section § 14077
This law requires the presiding officer to maintain a detailed record of all legal documents or notices they receive, including the exact date and time each was served.
The presiding officer shall keep a record of all process served upon him or her pursuant to this article, which record shall show the day and hour of service.
presiding officer record keeping process served
Section § 14078
This statute defines a 'nonresident' as someone who does not live in California when they carry out a particular action mentioned in an earlier section, Section 14071.
As used in this article, “nonresident” means a person who is not a resident of this state at the time of the performance of the act referred to in Section 14071.
nonresident definition California residency act performance
