California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 4.5 - Procedures Governing Persons Subject to Title 18 United States Code Section 1033
Section 2175.7 - Consideration of Applications for Written Consent

Universal Citation: 10 CA Code of Regs 2175.7

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Insurance Commissioner shall have the sole discretion to grant or deny any Application for Written Consent to engage in or transact the business of insurance.

(b) Factors to be considered in granting or denying an Application for Written Consent will include, but are not limited to:

(1) The nature and severity of the crime.

(2) The length of time since the conviction.

(3) The injury and/or loss caused by the Prohibited Person. Whether the conviction is related to the business of insurance.

(4) Whether the Prohibited Person received a pardon from the sovereign that convicted him.

(5) Whether the Prohibited Person completed parole or probation.

(6) Whether a breach of trust, dishonesty or a violation of the Act was involved.

(7) The nature and strength of character reference letters.

(8) The person's business and personal record before and after the conviction.

(9) Whether and to what extent the person has made material false statements in an application, renewal or in other documents filed with the Commissioner.

(10) Whether and to what extent the person has made material false statements in applications or other documents filed with other State or federal agencies.

(11) Whether the Prohibited Person's conviction was expunged.

(12) Whether the conviction was received in a foreign country.

1. New section filed 8-21-2003; operative 8-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).

Note: Authority cited: Sections 1723 and 1742.2, Insurance Code. Reference: Sections 1699(a)-(d), 1723(a) and (b) and 1742.2, Insurance Code.

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