As used in this article, “presiding officer” means the Executive Officer of the Office of Administrative Hearings.
Public Insurance Adjusters ActNonresidents
Section § 15044
This section defines a 'presiding officer' as the Executive Officer of the Office of Administrative Hearings.
presiding officer Executive Officer Office of Administrative Hearings
Section § 15045
This section means that when a nonresident licensee operates in California, it's as if they have appointed the state's presiding officer as their legal representative. This is important because it allows legal documents and disciplinary actions to be served on the licensee through that state official.
The acceptance of 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 in this state, either personally or through an employee, of any act for which a licensee is required by this chapter, is equivalent to the appointment by that licensee of the presiding officer as his or her true and lawful attorney upon who may be served all lawful process and any disciplinary proceedings conducted upon him or her under this chapter.
nonresident licensee presiding officer lawful process
Section § 15046
This section states that when a licensee accepts certain rights and privileges, they also agree that if they are served with legal papers following the method described in this article, it will count as though they were served in person 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 serviced upon him or her personally in this state.
licensee agreement legal service personal service
Section § 15047
This law explains how to properly serve legal documents to licensees. It involves delivering a copy of the accusation and notice of defense, along with a $5 fee for each licensee, to the presiding officer or their office in Sacramento. This method of service is considered valid if Section 15048 is also followed.
Service shall be made by leaving a copy of the accusation, together with notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of five dollars ($5) for each licensee to be served, in the hands of the presiding officer or in his or her office in Sacramento. That service shall be sufficient service on the licensees subject to compliance with Section 15048.
service of legal documents accusation delivery notice of defense
Section § 15048
This law explains how a licensee is to be notified if an accusation is made against them. The presiding officer must promptly send a notice, a copy of the accusation, a notice of defense, and a statement to the licensee's last known address by registered mail. Additionally, if the licensee is personally served these documents when found outside the state, it counts the same as sending them by registered mail.
A notice of that 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 commissioner. Personal service of the notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee whenever found outside this state shall be the equivalent to those mailings.
notice of accusation registered mail notification personal service
Section § 15049
If you send a notice by mail regarding an insurance matter, you need to prove it was sent and received. This is done with an affidavit from the officer in charge or an authorized employee, along with a return receipt signed by the recipient. These documents are attached to the original complaint. If the notice is delivered in person outside California, proof involves a statement from a public officer qualified to serve legal documents in that area, confirming delivery. This proof is also attached to the original complaint.
Proof of compliance with Section 15048 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. That affidavit or 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 proven 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 service by mail affidavit
Section § 15050
This law outlines the rules for scheduling that allows insurance licensees enough time to prepare their defense in administrative proceedings. It requires that they have at least 30 days after receiving the accusation to file a defense notice. Additionally, notices for hearings and affidavits must be sent at least 20 days before the hearing, and requests to cross-examine must be made at least 15 days prior.
The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, the hearing officer, may order those postponements or continuances and grant those extensions of time as may be necessary to afford the licensee reasonable opportunity to defend the proceedings. In no event shall the licensee have less than 30 days after the date of service of accusation in which to file a notice of defense, nor shall the notice of hearings 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 be not less than 15 days.
insurance licensee rights hearing officer defense notice deadline
Section § 15051
The person in charge must maintain a log of all legal documents delivered to them. This log needs to note the exact date and time each document was served.
The presiding officer shall keep a record of all process served upon him or her pursuant to this article, which records shall show the day and hour of service.
presiding officer record keeping documentation
Section § 15052
This section clarifies that the term "nonresident" refers to someone who does not live in the state when performing a specific action mentioned in another part of the law.
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 15045.
nonresident definition person not resident performance of act
