CHAPTER 1. Insurance Adjuster Act [14000. - 14099.]

Chapter 1 added by Stats. 1980, Ch. 1190, Sec. 11.

§§ 14000–14099 · 72 sections

1. ARTICLE 1. General Provisions §§ 14000–14002 · 3 sections

   • § 14000 This chapter may be cited as the Insurance Adjuster Act.
   • § 14001 As used in this chapter: (a) “Commissioner” means the Insurance Commissioner. (b) “Department” means the Department of Insurance. (c) “Licensee” means a person…
   • § 14002 Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he is an active member of the State Bar of California.
2. ARTICLE 2. Administration §§ 14010–14013 · 4 sections

   • § 14010 The department succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Bureau of…
   • § 14011 The commissioner may, in accordance with the State Civil Service Act, appoint such inspectors, investigators, and other personnel as may be necessary for the…
   • § 14012 Every power and duty granted to or imposed upon the commissioner may be exercised by any other officer or employee of the department authorized by the…
   • § 14013 The commissioner may adopt and enforce reasonable rules: (a) Fixing the qualifications of licensees and managers, in addition to those prescribed in this…
3. ARTICLE 3. Regulation, Licensing, and Registration §§ 14020–14047 · 31 sections

   • § 14020 (a) A person shall not engage in a business regulated by this chapter, or act or assume to act as, or represent themselves to be, a licensee unless the person…
   • § 14021 An insurance adjuster within the meaning of this chapter is a person other than a private investigator as defined in Section 7521 of the Business and…
   • § 14022 This chapter does not apply to: (a) (1) A person employed exclusively and regularly by one employer in connection with the affairs of the employer only and if…
   • § 14022.5 (a) In the event of an emergency situation as declared by the commissioner, claims arising out of the emergency, catastrophe, disaster, or other similar…
   • § 14023 An application for a license under this chapter shall be on a form prescribed by the commissioner and accompanied by the application fee provided by this…
   • § 14024 An application shall be verified and shall include: (a) The full name and business address of the applicant. (b) The name under which applicant intends to do…
   • § 14025 Before an application for a license is granted, the applicant, or his or her manager, shall meet all of the following: (a) Be at least 18 years of age. (b) Not…
   • § 14026 The commissioner may require an applicant, or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination…
   • § 14026.5 Where a person who is or has been licensed under this chapter has been found by the commissioner to have violated any provision of this code that would justify…
   • § 14027 Payment of the application fee prescribed by this chapter entitles an applicant, or his or her manager, to one examination without further charge. If the…
   • § 14028 After a hearing the commissioner may deny a license unless the application makes a showing satisfactory to the commissioner that the applicant, if an…
   • § 14028.5 The commissioner may, without hearing, deny a license if the applicant has committed any act or crime constituting grounds for denial of license under Section…
   • § 14029 (a) The business of each licensee shall be operated under the active direction, control, charge, or management of the licensee, if the licensee is qualified,…
   • § 14030 Whenever the individual on the basis of whose qualifications a license under this chapter has been obtained ceases to be connected with the licensee for any…
   • § 14031 Whenever a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a…
   • § 14032 The form and content of the license shall be determined by the commissioner in accordance with Section 164 of the Business and Professions Code.
   • § 14033 The license shall at all times be posted in a conspicuous place in the principal place of business of the licenses.
   • § 14034 Upon the issuance of a license, a pocket card of such size, design, and content as may be determined by the commissioner shall be issued without charge to each…
   • § 14035 A licensee shall, within 30 days after such change, notify the department of any change of his or her address and of any change in the officers or partners of…
   • § 14036 A license issued under this chapter is not assignable.
   • § 14037 A licensee shall at all times be legally responsible for the good conduct in the business of each of the licensee’s employees or agents, including the…
   • § 14038 (a) Any licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or district attorney, or to his or her…
   • § 14039 No person licensed as an insurance adjuster shall do any of the following: (a) Fail to disclose his or her full financial interest in a contract or agreement…
   • § 14040 Any badge or cap insignia worn by a person who is a licensee, officer, director, partner, manager, or employee of a licensee shall be of a design approved by…
   • § 14041 Each licensee shall maintain a record containing such information relative to his or her employees as may be prescribed by the commissioner.
   • § 14042 A licensee shall not conduct a business under a fictitious or other business name unless and until he or she has obtained the written authorization of the…
   • § 14043 Each licensee shall file with the commissioner the complete address of his or her principal place of business, including the name and number of the street or,…
   • § 14044 Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, and license number as they appear in the records…
   • § 14045 A licensee shall not advertise or conduct business from any location other than that shown on the records of the commissioner as his or her principal place of…
   • § 14046 (a) (1) The department shall annually prepare and deliver to every person licensed under this chapter and every insurer admitted in this state a notice…
   • § 14047 (a) For a claim under a policy of residential property insurance arising as a result of a state of emergency, as defined in subdivision (b) of Section 8558 of…
4. ARTICLE 4. Bonds §§ 14050–14054 · 5 sections

   • § 14050 (a) A license shall not be issued under this chapter unless the applicant files with the commissioner a surety bond executed by a surety company authorized to…
   • § 14051 The bond required by this article shall be taken in the name of the people of this state and every person injured by the willful, malicious, or wrongful act of…
   • § 14052 (a) Every licensee who is required by this article to file a surety bond or a certificate of insurance shall at all times maintain on file the surety bond or…
   • § 14053 In lieu of the surety bond required by this article there may be deposited with the State of California the sum of two thousand dollars ($2,000) in cash, or…
   • § 14054 Bonds executed and filed with the commissioner pursuant to this article shall remain in force and effect until the surety has terminated future liability by…
5. ARTICLE 5. Disciplinary Proceedings §§ 14060–14065 · 8 sections

   • § 14060 Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 14070), the proceedings under this article shall be conducted…
   • § 14061 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…
   • § 14061.5 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…
   • § 14062 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…
   • § 14063 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…
   • § 14064 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…
   • § 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…
   • § 14065 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…
6. ARTICLE 6. Nonresidents §§ 14070–14078 · 9 sections

   • § 14070 As used in this article, “presiding officer” means the executive officer of the Office of Administrative Hearings.
   • § 14071 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…
   • § 14072 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…
   • § 14073 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…
   • § 14074 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…
   • § 14075 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…
   • § 14076 The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, such hearing officer, may order such…
   • § 14077 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.
   • § 14078 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…
7. ARTICLE 7. Penal Provisions § 14080 · 1 section

   • § 14080 Any person who knowingly falsifies the fingerprints or photographs submitted under subdivision (f) of Section 14024 is guilty of a felony. Any person who…
8. ARTICLE 7.5. Crop Insurance Adjusters § 14085 · 1 section

   • § 14085 (a) Upon application, the commissioner shall issue a crop insurance adjuster license to a person who meets both of the following requirements: (1) Obtains an…
9. ARTICLE 8. Expiration and Renewal of Licenses and Cards §§ 14090–14094 · 7 sections

   • § 14090 Every license, branch office certificate, and pocket card issued pursuant to this chapter shall expire on the day two years after the last calendar day of the…
   • § 14090.1 (a) An individual who holds an insurance adjuster license and who is not exempt under subdivision (b) shall satisfactorily complete a minimum of 24 hours, of…
   • § 14090.2 Notwithstanding Section 14090, the commissioner may establish license periods and renewal dates for all licenses issued pursuant to this chapter so as to…
   • § 14091 Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within one year after its expiration…
   • § 14092 A suspended license or branch office certificate is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not…
   • § 14093 A revoked license or branch office certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its…
   • § 14094 A license or branch office certificate which is not renewed within one year after its expiration may not be renewed, restored, reinstated, or reissued…
10. ARTICLE 9. Revenue §§ 14097–14099 · 3 sections

    • § 14097 The amount of fees prescribed by this chapter, unless otherwise fixed, is that fixed in the following schedule: (a) The application fee for an original license…
    • § 14098 The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the…
    • § 14099 Application or license fee shall not be refunded except in accordance with Section 158 of the Business and Professions Code.