California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 13 - Form of Application for Title Marketing Representative Certificate of Registration
Section 2194.51 - Certification
Universal Citation: 10 CA Code of Regs 2194.51
Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a)
(1) In order to be employed as a
representative, a person must apply to the commissioner to receive a
certificate of registration. An applicant must initiate his or her application
for a title marketing representative certificate of registration by completing
the online application at the Department's website:
www.insurance.ca.gov. The information
the applicant must provide when completing the online application is specified
in subdivision (a) of Section
2194.55.
(2) Within five working days after the
applicant submits the online application, the company that is to employ the
applicant must use the Department's online business entity services portal
referenced in subdivision (c) of Section
2194.55 to notify the Department
that the applicant is or will be employed by the company.
(3)
(A) The
applicant must acknowledge in writing any notification sent within 30 days
after the date an applicant completes the online application by the Department
concerning an application that is deficient or incomplete, and must do so
within 15 calendar days of the date the notification is delivered to the
applicant. If the applicant does not so respond within this 15-day period, the
applicant's application shall be deemed to be incomplete, shall not be accepted
for filing with the Department, and shall be deemed not to be a pending
application. In such an event, the applicant's authority to operate on a
provisional basis as described in subdivision (c) of this Section
2194.51 shall be automatically
suspended, without notice to the applicant or further action by the
Department.
(B) If in a written
notification sent within 30 days after the date an applicant completes the
online application the Department requests that the applicant provide an ATI
assigned to the applicant by a Live Scan Vendor, the applicant must provide the
ATI in the acknowledgement or response required by subparagraph (a)(3)(A)
above. If the applicant fails to provide the ATI, or provides an invalid ATI,
in response to the notification sent by the Department, the applicant's
application shall be deemed to be incomplete, shall not be accepted for filing
with the Department, and shall be deemed not to be a pending application. In
such an event the applicant's authority to operate on a provisional basis as
described in subdivision (c) of this Section
2194.51 shall be automatically
suspended, without notice to the applicant or further action by the Department.
The preceding sentence shall be given full force and effect, the timeliness of
the applicant's acknowledgement or response pursuant to subparagraph (a)(3)(A)
of this Section
2194.51 notwithstanding.
(C) In a written notification sent to an
applicant within 30 days after the date the applicant completes the online
application the Department may identify as necessary in order to complete, or
remedy a deficiency in, the applicant's application such information or
documents as are required pursuant to this article. If the Department does not
receive any item of information or any document identified in its written
notification on or before the date by which the applicant's acknowledgement or
response is required to be received pursuant to subparagraph (a)(3)(A) of this
Section 2194.51, the applicant's
application shall be deemed to be incomplete, shall not be accepted for filing
with the Department, and shall be deemed not to be a pending application. In
such an event, the applicant's authority to operate on a provisional basis as
described in subdivision (b) of this Section
2194.51 shall be automatically
suspended, without notice to the applicant or further action by the Department.
The preceding sentence shall be given full force and effect, the timeliness of
the applicant's acknowledgement or response pursuant to subparagraph (a)(3)(A)
of this Section
2194.51 notwithstanding. The
following information and documents may be required pursuant to this
subparagraph (a)(3)(C):
1. The company's
notification of employment required pursuant to paragraph (a)(2) of this
Section 2194.51, if the Department has not
received such notification.
2. A
copy of the applicant's authorization to work in the United States, if required
by paragraph (a)(8) of Section
2194.55.
3.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(A) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(A) of Section
2194.55, if such documents are
required by that paragraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the charging documents and court documents that are
required by subparagraph (a)(11)(A) of Section
2194.55.
4.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(B) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(B) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the charging documents and court documents that are
required by subparagraph (a)(11)(B) of Section
2194.55.
5.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(C) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(C) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the charging documents and court documents that are
required by subparagraph (a)(11)(C) of Section
2194.55.
6.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(D) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(D) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the charging documents and court documents that are
required by subparagraph (a)(11)(D) of Section
2194.55.
7.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(E) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(E) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the charging documents that are required by
subparagraph (a)(11)(E) of Section
2194.55.
8.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(F) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(F) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the Notices of Hearing and other documents that are
required by subparagraph (a)(11)(F) of Section
2194.55.
9.
a. The
written statement, with original signature, specified in subparagraph
(a)(11)(G) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain certified copies of the
documents specified in subparagraph (a)(11)(G) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the certified copies of the Notices of Hearing or other documents that are
required by subparagraph (a)(11)(G) of Section
2194.55.
10. The written statement, with original
signature, specified in subparagraph (a)(11)(H) of Section
2194.55, if required by that
subparagraph.
11.
a. The written statement, with original
signature, specified in subparagraph (a)(11)(J) of Section
2194.55, if required by that
subparagraph.
b. Copies of all
correspondence sent by the applicant in order to obtain copies of the documents
specified in subparagraph (a)(11)(J) of Section
2194.55, if such documents are
required by that subparagraph. However, in lieu of copies of his or her
correspondence as specified in the preceding sentence, the applicant may submit
the copies of the Petition, Complaint or other document that commenced the
lawsuit or arbitration, and the copy of any official document demonstrating the
resolution of the charges or any final judgment, that are required by
subparagraph (a)(11)(J) of Section
2194.55.
12. The written statement, with original
signature, specified in subparagraph (a)(11)(K) of Section
2194.55, if required by that
subparagraph.
(D) In the
event that the authority of the applicant to operate on a provisional basis has
more than once been suspended pursuant to this Section
2194.51, the applicant shall never
again be permitted to operate as a representative on a provisional
basis.
(4) A certificate
of registration will be valid from the date of issuance up to and including the
last day of the month in which the three-year anniversary of the issuance date
falls. The certificate of registration will expire on the first day of the
following month (hereinafter the "certificate expiration date"), unless it has
been renewed at that time.
(b)
(1) In
order to renew an existing certificate of registration, the representative must
apply to the commissioner for renewal of the representative's certificate of
registration. Applications for renewal must be completed online at the
Department's Website: www.insurance.ca.gov.
(2) A renewed certificate of registration
will be valid from the date of renewal up to and including the last day of the
month in which the three-year anniversary of the date the certificate was
renewed falls. The renewed certificate of registration will expire on the first
day of the following month (hereinafter the "renewal expiration date"), unless
it has again been renewed at that time.
(3) An expired certificate of registration
may be renewed at any time up to and including the one-year anniversary of its
certificate expiration date or renewal expiration date, as the case may be.
When pursuant to the preceding sentence an expired certificate of registration
may no longer be renewed, a person must apply to the commissioner to receive a
new certificate of registration pursuant to subdivision (a) of this Section
2194.51 in order to be permitted
to operate as a representative.
(c) An applicant who has completed the online application identified in subdivision (a) above shall, pursuant to Insurance Code section 12418.1, be permitted to operate as a representative on a provisional basis, beginning from the date the applicant completes the online application and continuing until either the applicant's authority to operate as a representative on a provisional basis is suspended pursuant to this article or the certificate of registration is issued or denied. However, an applicant who has had a certificate of registration denied, revoked, suspended or otherwise limited shall never be permitted to operate as a representative on a provisional basis.
(d) Only a holder of a valid certificate of registration or an applicant permitted to operate on a provisional basis pursuant to subdivision (c) of this Section 2194.51 may operate as a representative.
1. New
section filed 12-31-2008 as an emergency; operative 1-1-2009 (Register 2009,
No. 1). A Certificate of Compliance must be transmitted to OAL by 6-30-2009 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 12-31-2008 order, including
amendment of section and NOTE, transmitted to OAL 6-17-2009 and filed 7-29-2009
(Register 2009, No. 31).
Note: Authority cited: Sections 12404, 12418, 12418.1, 12418.2 and 12418.3, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); and 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 12404, 12418, 12418.1, 12418.2 and 12418.3, Insurance Code.
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