CHAPTER 2. Public Insurance Adjusters Act [15000. - 15062.]

Chapter 2 added by Stats. 1985, Ch. 1202, Sec. 1.

§§ 15000–15062 · 71 sections

1. ARTICLE 1. General Provisions §§ 15000–15002 · 3 sections

   • § 15000 This chapter may be cited as the Public Insurance Adjusters Act.
   • § 15001 As used in this chapter, the following terms have the following meanings: (a) “Apprentice public insurance adjuster” means a person who is qualified in all…
   • § 15002 Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he or she is an active member of the State Bar of…
2. ARTICLE 2. Administration §§ 15003–15005 · 3 sections

   • § 15003 The commissioner may, in accordance with the State Civil Service Act, appoint those inspectors, investigators, and other personnel as may be necessary for the…
   • § 15004 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…
   • § 15005 The commissioner may adopt and enforce reasonable rules: (a) Fixing the qualifications of licensees in addition to those prescribed in the chapter, necessary…
3. ARTICLE 3. Regulation, Licensing, and Registration §§ 15006–15032 · 32 sections

   • § 15006 (a) No person shall engage in a business regulated by this chapter, or act or assume to act as, or represent himself or herself to be, a licensee unless he or…
   • § 15007 A public insurance adjuster within the meaning of this chapter is a person who, for compensation, acts on behalf of or aids in any manner, an insured in…
   • § 15008 This chapter does not apply to any of the following: (a) An attorney at law admitted to practice in this state, when performing his or her duties as an…
   • § 15009 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…
   • § 15009.1 (a) The applicant shall complete a 20-hour prelicensing course of study for the lines of authority for a public insurance adjuster license. (b) An applicant…
   • § 15010 An application shall be verified and shall include all of the following: (a) The full name and business address of the applicant. (b) The name under which the…
   • § 15011 Before an application for a license is granted, the applicant shall meet all of the following requirements: (a) Be at least 18 years of age. (b) Shall not have…
   • § 15012 The license issued by the commissioner shall include, but not be limited to, adjusting claims for fire and allied coverages, burglary, flood, and all property…
   • § 15013 Each applicant for a license as a public insurance adjuster shall, prior to issuance of the license, personally take and pass, to the satisfaction of the…
   • § 15016 (a) The apprentice public insurance adjuster license is a license to facilitate the training necessary to ensure reasonable competency to fulfill the…
   • § 15017 (a) A nonresident license shall be issued by the commissioner to qualified persons who meet the requirements set forth in Section 15011, and who have appointed…
   • § 15018 After a hearing, the commissioner may deny a license unless the applicant makes a showing satisfactory to the commissioner that the applicant has not: (a)…
   • § 15018.5 The commissioner may, without hearing, deny an application if the applicant has committed any act or been convicted of a crime constituting grounds for denial…
   • § 15019 Whenever a hearing is held under this chapter to determine whether an applicant for a license should be granted or to determine the qualifications of a…
   • § 15020 The form and content of the license shall be determined by the commissioner.
   • § 15021 The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
   • § 15022 Upon the issuance of a license, a pocket card of that size, design, and content as may be determined by the commissioner shall be issued without charge to each…
   • § 15023 A license issued under this chapter is not assignable.
   • § 15024 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…
   • § 15025 A licensee shall within 30 days of the change notify the department of any change of his or her address. The principal place of business may be at home or at a…
   • § 15026 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…
   • § 15027 (a) A licensee shall not, directly or indirectly, act within this state as a public insurance adjuster without having first entered into a contract, in…
   • § 15027.1 (a) In addition to the restrictions in subdivision (e) of Section 15027, a licensee shall not solicit a contract of engagement for residential properties under…
   • § 15027.5 Any person acting as a public adjuster who has executed a contract as described in Section 15027 is the agent of the insured. While acting under the authority…
   • § 15028 No person licensed as a public insurance adjuster shall do any of the following: (a) Use any misrepresentation to solicit a contract or agreement to adjust a…
   • § 15028.5 (a) A public insurance adjuster shall maintain a complete record of each of his or her transactions as a public insurance adjuster. The records shall include…
   • § 15028.6 All funds received as claim proceeds by any person acting as a public insurance adjuster are received and held by that person in his or her fiduciary capacity.…
   • § 15028.7 (a) A public adjuster who receives, accepts, or holds any funds on behalf of an insured towards the settlement of a claim for loss or damage shall deposit the…
   • § 15029 No person shall concurrently hold a license under the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 14000).
   • § 15030 Each licensee shall maintain a record containing that information relative to his or her employees as may be prescribed by the commissioner.
   • § 15031 (a) 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…
   • § 15032 Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, or license number as they appear in the records of…
4. ARTICLE 4. Bonds §§ 15033–15037 · 5 sections

   • § 15033 No license shall be issued under this chapter unless the applicant files with the commissioner a surety bond executed by a surety company authorized to do…
   • § 15034 The bond required by this chapter shall be taken in the name of the people in the state and every person injured by the willful, malicious, or wrongful act of…
   • § 15035 Every licensee shall at all times maintain on file the surety bond required by this chapter in full force and effect and upon failure to do so the license of…
   • § 15036 In lieu of the surety bond required by this chapter there may be deposited with the State of California the sum of twenty thousand dollars ($20,000) in cash,…
   • § 15037 Bonds executed and filed with the commissioner pursuant to this chapter shall remain in force and effect until the surety has terminated future liability by…
5. ARTICLE 5. Disciplinary Proceedings §§ 15038–15043 · 7 sections

   • § 15038 Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 15044), the proceedings under this article shall be conducted…
   • § 15039 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) Made…
   • § 15039.5 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…
   • § 15040 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…
   • § 15041 The commissioner shall suspend or revoke a license issued under this chapter if the commissioner determines that the licensee has: (a) Used any letterhead,…
   • § 15042 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…
   • § 15043 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…
6. ARTICLE 6. Nonresidents §§ 15044–15052 · 9 sections

   • § 15044 As used in this article, “presiding officer” means the Executive Officer of the Office of Administrative Hearings.
   • § 15045 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…
   • § 15046 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…
   • § 15047 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…
   • § 15048 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…
   • § 15049 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…
   • § 15050 The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, the hearing officer, may order those…
   • § 15051 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.
   • § 15052 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 § 15053 · 1 section

   • § 15053 A person who knowingly falsifies the fingerprints or photographs submitted under subdivision (f) of Section 15010 or paragraph (12) of subdivision (b) of…
8. ARTICLE 8. Expiration and Renewal of Licenses and Cards §§ 15054–15062 · 11 sections

   • § 15054 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…
   • § 15055 Notwithstanding Section 15054, the commissioner may establish license periods and renewal dates for all licenses issued pursuant to this chapter so as to…
   • § 15056 (a) 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…
   • § 15057 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…
   • § 15058 A revoked license or branch officer certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its…
   • § 15059 A license or branch office certificate which is not renewed within one year after its expiration may not be renewed, restored, reinstated, or reissued…
   • § 15059.1 (a) An individual who holds a public insurance adjuster license and who is not exempt under subdivision (b) shall satisfactorily complete a minimum of 24…
   • § 15059.2 A person who fails to meet the requirements imposed by Section 15059.1, and who has not been granted an extension of time by the commissioner within which to…
   • § 15060 The amount of fees prescribed by this chapter is that in the following schedule: (a) The fee for the qualifying examination for an original license is…
   • § 15061 The department shall receive and account for all moneys derived from the operation of this chapter and, at the end of each month, shall report such money to…
   • § 15062 Application or license fees shall not be refunded pursuant to Section 1751.5.