Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 15044), 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.
Public Insurance Adjusters ActDisciplinary Proceedings
Section § 15038
This law explains that unless there are specific requirements from another related section (Article 6 starting at Section 15044), any proceedings referred to in this article should follow the rules laid out in Chapter 5 of the Government Code, starting with Section 11500. The commissioner in charge has all the authority given in that part of the code.
proceedings rules government code compliance Article 6 requirements
Section § 15039
This law allows the commissioner to suspend or revoke a license if the license holder engages in certain misconduct. This includes making false statements on a license application, breaking the rules of this chapter or related rules, or committing a crime related to their professional duties. Other grounds include impersonating a law enforcement officer, assisting in any illegal acts, failing to deliver agreed services after payment, engaging in violent acts, ignoring court orders, or playing an unlawful role in legal cases. Additionally, the law addresses conflicts of interest, such as accepting work against a current or former client where confidential information is involved.
The commissioner may suspend or revoke a license issued under this chapter if he or she determines that the licensee has done any of the following:
(a)CA Insurance Code § 15039(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of the license.
(b)CA Insurance Code § 15039(b) Violated this chapter.
(c)CA Insurance Code § 15039(c) Violated any rule of the commissioner adopted pursuant to the authority contained in this chapter.
(d)CA Insurance Code § 15039(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 § 15039(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 subdivision thereof.
(f)CA Insurance Code § 15039(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 § 15039(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 § 15039(h) Committed assault, battery, or kidnapping, or used force or violence on any person.
(i)CA Insurance Code § 15039(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 § 15039(j) Acted as a runner or capper for any attorney.
(k)CA Insurance Code § 15039(k) Committed any act which is a ground for denial of an application for license under this chapter.
(l)CA Insurance Code § 15039(l) Manufactured evidence.
(m)CA Insurance Code § 15039(m) 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 that client or former client.
license suspension commissioner authority false information
Section § 15039.5
This law allows the commissioner to suspend or revoke a license without a hearing if the license holder has done something that would normally prevent them from getting a license in the first place, according to specific rules in another section.
The commissioner may, without hearing, suspend or revoke a license issued under this chapter if he or she determines that the licensee has committed any act or crime constituting grounds for denial of license under Section 15018.5.
license suspension license revocation commissioner's authority
Section § 15040
This law states that a record of conviction is absolute proof of that conviction for purposes of certain tasks within the article and specified sections. It clarifies that pleas of guilty or no contest are treated as convictions too. The insurance commissioner can suspend, revoke, or deny a license based on a conviction after appeals are done, even if the guilty plea is later retracted or a guilty verdict is set aside.
The record or conviction, or a certified copy thereof, shall be conclusive evidence of the conviction as that term is used in this article or in Section 15018 or 15018.5.
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 15018 or 15018.5. 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 enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
record of conviction conclusive evidence plea of guilty
Section § 15041
This law specifies that the commissioner must suspend or revoke a license if the license holder falsely represents themselves as part of the government or uses a different name than the one on their license in advertisements or business dealings.
The commissioner shall suspend or revoke a license issued under this chapter if the commissioner determines that the licensee has:
(a)CA Insurance Code § 15041(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 § 15041(b) Used a name different than that under which he or she is currently licensed in an advertisement, solicitation, or contract for business.
license suspension license revocation false representation
Section § 15042
In California, the insurance commissioner has the power to suspend or revoke a license if the licensee is found guilty of dishonesty or fraud in their business activities. This includes knowingly making false statements, using illegal methods to collect debts, creating false evidence, or taking jobs against a current or former client using confidential information gained while working for them.
The commissioner may suspend or revoke a license issued under this chapter if the commissioner determines that the licensee 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, any of the following:
(a)CA Insurance Code § 15042(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or libel in the course of business.
(b)CA Insurance Code § 15042(b) Using illegal means in the collection or attempted collection of a debt or obligation.
(c)CA Insurance Code § 15042(c) Manufacture of evidence.
(d)CA Insurance Code § 15042(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 that client or former client.
license suspension license revocation business dishonesty
Section § 15043
This law allows the commissioner to impose a fine of up to $500 instead of suspending or revoking a license if someone violates certain sections of this chapter. The idea is that sometimes a fine better achieves the goals of the chapter than harsher penalties.
The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 15039, 15041, and 15042, may impose a civil penalty not to exceed five hundred dollars ($500) upon a licensee, if the commissioner determines that such action better serves the purposes of this chapter.
license violation penalty civil penalty license suspension alternative
