Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) In order to complete the online
application, the applicant shall provide the following information:
(1) Application type. The "application type"
of the application to be completed by an applicant for a title marketing
representative certificate of registration is "certificate."
(2) License type. The license type that must
be selected in order to apply for a title marketing representative certificate
of registration is Title Marketing Representative.
(4) Residence, business, mailing and email
addresses. The business and mailing addresses specified by the applicant are
matters of public record and shall be available to the public.
(6) Social security number.
(8) Country of citizenship. In addition to
completing the online application, an applicant indicating on the online
application that he or she is not a citizen of the United States must submit to
the Department's Producer Licensing Bureau a copy of his or her authorization
to work in the United States.
(9)
Employment history for the previous five years. The applicant must enter the
name of each employer, the month and year employment began, the month and year
employment ended, and the position held for all employment experiences starting
with their current employer and continuing in reverse chronological order
through the date that is five years before the date the online application is
being completed. The applicant must include any and all full-time employment,
part-time employment, self-employment, military service, periods of
unemployment, and periods during which the applicant was a full-time
student.
(10) Past licensing
history. The applicant must account for all current and past insurance licenses
he or she has held as a resident or as a non-resident in California or in any
other state. For each such license, the applicant must indicate the license
type, the state or province that issued the license, the period of time during
which the license was or has been held, and whether or not the license is
currently in force.
(11) Background
information. The applicant must answer "yes" or "no" to the following
background questions on the online application:
(A) Have you ever been convicted of a felony?
1. The online application will advise the
applicant as follows: "For the purpose of this application, you have been
'convicted' if you were ever found guilty by verdict of a judge or jury; and/or
ever entered a plea of guilty, nolo contendere or no contest. You must disclose
all convictions, even if the charges were later dismissed or expunged, your
guilty plea was withdrawn pursuant to Penal Code Section
1203.4, or you
were placed on probation, received a suspended sentence or just ordered to pay
a fine. If you fail to disclose all convictions, your application may be
denied. You may exclude juvenile offenses tried in juvenile court."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each conviction or charge;
and
b. certified copies of the
charging documents, and of the court documents which detail the conviction,
resolution of the charges, probation and any final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the charging documents and court documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the charging documents and court documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(B) Have you ever been convicted of a felony
involving dishonesty or breach of trust?
1.
a. The online application will advise the
applicant as follows: Federal law (18 U.S.C. 1033) prohibits anyone
who has been convicted of a felony involving dishonesty or a breach of trust or
who has been convicted of any violation of
18 U.S.C.
1033 from conducting the business of
insurance unless they have obtained the written consent of the Insurance
Commissioner. It is a violation of this statute to conduct business of
insurance without the Commissioner's written consent. If you have been
convicted of a felony involving dishonesty or a breach of trust or a violation
of 18 U.S.C.
1033, you must attach a copy of this consent.
If you have not obtained this written consent you must do so prior to filing
your application.
b. If the answer
to the above background question is "Yes," the applicant must further answer
"yes" or "no" to the following question: "Have you received consent from the
Insurance Commissioner?"
2.
a. The
online application will advise the applicant as follows: "For the purpose of
this application, you have been 'convicted' if you were ever found guilty by
verdict of a judge or jury; and/or ever entered a plea of guilty, nolo
contendere or no contest. You must disclose all convictions, even if the
charges were later dismissed or expunged, your guilty plea was withdrawn
pursuant to Penal Code Section
1203.4, or you
were placed on probation, received a suspended sentence or just ordered to pay
a fine. If you fail to disclose all convictions, your application may be
denied. You may exclude juvenile offenses tried in juvenile court."
b. If the answer to the question "Have you
ever been convicted of a felony involving dishonesty or breach of trust?" is
"Yes," the applicant, in addition to completing the online application, must
submit to the Department's Producer Licensing Bureau:
A. a written statement, with original
signature, explaining the circumstances of each conviction or charge;
and
B. certified copies of the
charging documents, and of the court documents which detail the conviction,
resolution of the charges, probation and any final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the charging documents and court documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the charging documents and court documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon
request.
(C) Have you ever been convicted of a
misdemeanor?
1. The online application will
advise the applicant as follows: "For the purpose of this application, you have
been 'convicted' if you were ever found guilty by verdict of a judge or jury;
and/or ever entered a plea of guilty, nolo contendere or no contest. You must
disclose all convictions, even if the charges were later dismissed or expunged,
your guilty plea was withdrawn pursuant to Penal Code Section
1203.4, or you
were placed on probation, received a suspended sentence or just ordered to pay
a fine. If you fail to disclose all convictions, your application may be
denied. You may exclude juvenile offenses tried in juvenile court."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each conviction or charge;
and
b. certified copies of the
charging documents, and of the court documents which detail the conviction,
resolution of the charges, probation and any final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the charging documents and court documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the charging documents and court documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(D) Have you ever been convicted of a
military offense?
1. The online application
will advise the applicant as follows: "For the purpose of this application, you
have been 'convicted' if you were ever found guilty by verdict of a judge or
jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You
must disclose all convictions, even if the charges were later dismissed or
expunged, your guilty plea was withdrawn pursuant to Penal Code Section
1203.4, or you
were placed on probation, received a suspended sentence or just ordered to pay
a fine. If you fail to disclose all convictions, your application may be
denied. You may exclude juvenile offenses tried in juvenile court."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each conviction or charge;
and
b. certified copies of the
charging documents, and of the court documents which detail the conviction,
resolution of the charges, probation and any final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the charging documents and court documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the charging documents and court documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(E) Are you currently charged with committing
a crime?
1. The online application will
advise the applicant as follows: " 'Crime' includes a felony, a misdemeanor or
a military offense. You may exclude traffic citations but must include driving
offenses such as, but not limited to, reckless driving, driving under the
influence and driving with a suspended license."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each charge; and
b. certified copies of the charging
documents.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the charging documents, upon the Department's request shall
result in the applicant's application being deemed incomplete and the
suspension of the applicant's authority to operate as a representative on a
provisional basis. The online application will advise the applicant of the
requirement that, unless and until the required certified copies of the
charging documents are in his or her possession, the applicant must retain
copies of this correspondence and that the applicant may lose his or her
provisional authority if he or she fails to furnish such copies upon
request.
(F) Have you ever been involved in an
administrative proceeding (including matters with the Department of Insurance)
regarding any professional or occupational license?
1. The online application will advise the
applicant as follows: " 'Involved' means having a license censured, suspended,
revoked, cancelled, terminated; or being assessed a fine, placed on probation
or surrendering a license to resolve an administrative action. 'Involved' also
means being named a party to an administrative or arbitration proceeding which
is related to a professional or occupational license. 'Involved' also means
having a license application denied or the act of withdrawing an application to
avoid denial. You may exclude terminations due solely to noncompliance with
continuing education requirements or failure to pay a renewal fee."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each disciplinary incident;
and
b. certified copies of the
Notices of Hearing or other documents that state the charges and allegations,
and of the documents which demonstrate the resolution of the charges or any
final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the Notices of Hearing and other documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the Notices of Hearing and other documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(G) Has any business in which you were an
owner, partner, officer or director ever been involved in an administrative
proceeding (including matters with the Department of Insurance) regarding any
professional or occupational license?
1. The
online application will advise the applicant as follows: " 'Involved' means
having a license censured, suspended, revoked, cancelled, terminated; or being
assessed a fine, placed on probation or surrendering a license to resolve an
administrative action. 'Involved' also means being named a party to an
administrative or arbitration proceeding which is related to a professional or
occupational license. 'Involved' also means having a license application denied
or the act of withdrawing an application to avoid denial. You may exclude
terminations due solely to noncompliance with continuing education requirements
or failure to pay a renewal fee."
2. If the answer to the above background
question is "Yes," the applicant, in addition to completing the online
application, must submit to the Department's Producer Licensing Bureau:
a. a written statement, with original
signature, explaining the circumstances of each disciplinary incident;
and
b. certified copies of the
Notices of Hearing or other documents that state the charges and allegations,
and of any documents which demonstrate the resolution of the charges or any
final judgment.
An applicant who is required to submit any such certified
copy but who does not have it at his or her disposal must retain for his or her
records copies of the correspondence the applicant sends to the court or other
source of documents in order to obtain the required certified copy. Failure to
provide to the Department either copies of this correspondence, or the required
certified copies of the Notices of Hearing or other documents, upon the
Department's request shall result in the applicant's application being deemed
incomplete and the suspension of the applicant's authority to operate as a
representative on a provisional basis. The online application will advise the
applicant of the requirement that, unless and until the required certified
copies of the Notices of Hearing or other documents are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(H) Has any demand been made or judgment
rendered against you for any overdue monies by an insurer, insured, or
producer, or have you ever been subject to a bankruptcy proceeding?
1. The online application will advise the
applicant as follows: "Include only bankruptcies that involve funds held on
behalf of others."
2. If the answer
to the above background question is "Yes," the applicant, in addition to
completing the online application, must submit to the Department's Producer
Licensing Bureau a statement, with an original signature, summarizing the
details of the indebtedness and arrangements for repayment, and/or type and
location of bankruptcy.
(I) Have you ever been notified by any
jurisdiction of any delinquent tax obligation that is not the subject of a
repayment agreement?
If the answer to the above question is "Yes," the applicant
must identify all such jurisdictions on the online
application.
(J) Are you
currently a party to or have you ever been found liable in any lawsuit or
arbitration proceeding involving allegations of fraud, misappropriation or
conversion of funds, misrepresentation or breach of fiduciary duty?
1. If the answer to the above question is
"Yes," the applicant, in addition to completing the online application, must
for each such lawsuit or proceeding submit to the Department's Producer
Licensing Bureau:
a. a written statement, with
original signature, summarizing the details of the incident;
b. a copy of the Petition, Complaint, or
other document that commenced the lawsuit or arbitration; and
c. a copy of any official document which
demonstrates the resolution of the charges or any final
judgment.
2. An applicant
who is required to submit a copy of any document required pursuant to subitem
(a)(11)(J)1.b. or (a)(11)(J)1.c. above but who does not have such a copy at his
or her disposal must retain for his or her records copies of the correspondence
the applicant sends to the court or other source of documents in order to
obtain the copy of the document that is required pursuant to subitem
(a)(11)(J)1.b. or (a)(11)(J)1.c. Failure to provide to the Department either
copies of this correspondence, or the copies of the documents that are required
pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c, upon the Department's
request shall result in the applicant's application being deemed incomplete and
the suspension of the applicant's authority to operate as a representative on a
provisional basis. The online application will advise the applicant of the
requirement that, unless and until the copies of the documents that are
required pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c are in his or her
possession, the applicant must retain copies of this correspondence and that
the applicant may lose his or her provisional authority if he or she fails to
furnish such copies upon request.
(K) Have you or any business in which you are
or were an owner, partner, officer, or director ever had an insurance agency
contract or any other business relationship with an insurance company
terminated for any alleged misconduct?
If the answer to the above question is "Yes," the
applicant, in addition to completing the online application, must for each such
termination submit to the Department's Producer Licensing Bureau:
1. a written statement, with original
signature, summarizing the details of the incident and explaining why the
applicant feels this incident should not prevent him or her from receiving a
title marketing representative certificate of registration; and,
2. copies of any relevant
documents.
(12)
Applicant's certification. The applicant must certify the under penalty of
perjury that the applicant had read the online application, that the applicant
knows the contents of the information he or she has provided on the online
application, and that each statement made on the online application is full,
true and correct. The required certification includes language indicating that
the applicant understands that pursuant to section
1738, and subdivision (h) of
section
1668, of
the Insurance Code, any false statement made on the application or any document
filed in support thereof may subject the applicant's application to denial and
may subject the applicant's certificate to suspension or
revocation.
(b) The
applicant shall complete the applicant's portion of the Department's Live Scan
request form to be provided to a Live Scan vendor as specified in Section
2194.54. The applicant must
provide the following information on the Live Scan request form:
(2) Any former names or aliases;
(4) Social security number;
(5) Driver's license number;
(6) Daytime telephone number; and
(c) Companies shall use the Department's
online business entity services portal to provide the notice of employment, and
the notice of termination, of a representative as required by subdivision (f)
of section
12418.1 of
the Insurance Code. The Department's online business entity services portal is
accessible via the Department's website: www.insurance.ca.gov.
(1) A company must register to use the
Department's online business entity services portal by specifying the following
information:
(A) The company's National
Association of Insurance Commissioners number or the company's California
identification number;
(B) The
company's Federal Employer Identification Number (FEIN);
(C) The contact information of a contact
person designated by the company, as follows:
1. the name of the contact person,
2. the title of the contact person,
3. the telephone number of the contact
person, and
4. the email address of
the contact person;
(2) The company's designated contact person
must specify:
(A) a username selected by the
contact person,
(B) a password
known only to the contact person, and
(C) for security purposes, a security
question and an answer to that security question that are known only to the
contact person.
(d) Renewal of certificate
(1) The representative must provide the
following information when completing the online renewal application referenced
in Paragraph (b)(1) of Section
2194.51:
(A)
1.
a. the certificate number that is printed on
his or her title marketing representative certificate of registration,
and
b. the renewal ID specified in
the renewal notice referenced in Paragraph (d)(3) below of this Section
2194.55; or
2.
a. the
certificate number that is printed on his or her title marketing representative
certificate of registration,
b. his
or her date of birth, and
c. the
last four digits of his or her social security
number.
(B) The
applicant must answer the background questions stated below.
1.
a. Have
you been the subject of any administrative disciplinary action since your last
previous application for, or renewal of, the title marketing representative
certificate of registration?
b. If
the answer to the above background question is "Yes," the applicant, in
addition to completing the online application, must submit the following to the
Department's Producer Licensing Bureau, and will be so informed by the online
renewal application:
A. a written statement,
with original signature, explaining the circumstances of each disciplinary
incident; and
B. certified copies
of the Notices of Hearing or other documents that state the charges and
allegations, and of the documents which demonstrate the resolution of the
charges or any final judgment.
2.
a. Have
you been convicted of, or charged with, a crime since your last previous
application or renewal?
b. The
online application will advise the applicant as follows: "For the purpose of
this application, a 'crime' includes any felony, misdemeanor or military
offense. For the purpose of this application, you have been 'convicted' if you
were found guilty by a verdict of a judge or jury, entered a plea of nolo
contendere, had any charge expunged, dismissed or plea withdrawn pursuant to
Penal Code section
1203.4, were
placed on probation, received a suspended sentence or just ordered to pay a
fine. You may exclude traffic citations. You must answer 'Yes' if you have been
convicted of a driving offense constituting a felony or misdemeanor including,
but not limited to, reckless driving, driving under the influence and driving
with a suspended license, whether or not you spent any time in jail, and
whether or not you believe the conviction has been removed from your
license."
c. If the answer to the
background question stated in subitem (d)(1)(B)2.a. above is "Yes," the
applicant must submit the following to the Department's Producer Licensing
Bureau, and will be so informed by the online renewal application:
A. a written statement, with original
signature, explaining the circumstances of each conviction or charge;
and
B. certified copies of the
charging documents and, if such court documents exist, certified copies of the
court documents which detail the conviction, resolution of the charges,
probation and any final
judgment.
(2) Applicant's certification
The applicant must certify under penalty of perjury that he
or she is the certificate holder he or she represents himself or herself to be,
that he or she has read the foregoing renewal application, that he or she knows
the contents thereof and that each statement made by him or her on the
application and on any document that is or will be filed in support thereof is
full, true and correct.
(3)
Renewal notice
By doing both of the following not less than 60 days before
a certificate is to expire, the Department shall fulfill the requirement stated
in Subdivision (b) of Insurance Code section
12418.3
that it mail to the representative a renewal application:
(A) The Department shall email to the
representative's most recent email address on record with the Department a
renewal notice containing a link to the online renewal application;
and
(B) The Department shall, by
means of its online business entity services portal, email the renewal notice
to the company having most recently notified the Department that it has
employed the representative pursuant to Paragraph (a)(2) of Section
2194.51 or Subdivision (c) of this
Section 2194.55.
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.
