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. 38, September 20, 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.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
