SECTIONS 14060-14065 - California Statutes

INSURANCE CODE

SECTION 14060-14065

14060. Except as otherwise required to comply with the provisions
of Article 6 (commencing with Section 14070), the proceedings under
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the commissioner shall have all the powers
granted therein.

14061. The commissioner may suspend or revoke a license issued
under this chapter or may issue a restricted license in accordance
with Section 14026.5 if he or she determines that the licensee, or
his or her manager, if an individual, or if the licensee is a person
other than an individual, that any of its officers, directors,
partners, or its manager, has:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement of a license.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the commissioner adopted pursuant to the
authority contained in this chapter.
(d) Been convicted of any crime substantially related to the
qualifications, functions and duties of the holder of the
registration or license in question.
(e) Impersonated, or permitted or aided and abetted an employee to
impersonate a law enforcement officer or employee of the United
States of America, or of any state or political subdivision thereof.
(f) Committed or permitted any employee to commit any act, while
the license was expired which would be cause for the suspension or
revocation of a license, or grounds for the denial of an application
for a license.
(g) Willfully failed or refused to render to a client services or
a report as agreed between the parties and for which compensation has
been paid or tendered in accordance with the agreement of the
parties.
(h) Committed assault, battery, or kidnapping, or used force or
violence on any person, without proper justification.
(i) Knowingly violated, or advised, encouraged, or assisted the
violation of any court order or injunction in the course of business
as a licensee.
(j) Acted as a runner or capper for any attorney.
(k) Committed any act which is a ground for denial of an
application for license under this chapter.
(l) Purchased, possessed, or transported any tear gas weapon
except as authorized by law. A violation of this subdivision may be
punished by the suspension of a license for a period to be determined
by the commissioner.

14061.5. The commissioner may, without hearing, suspend or revoke a
license issued under this chapter, or may issue a restricted
license, if he or she determines that the licensee has committed any
act or crime constituting grounds for denial of license under Section
14028.5.

14062. The record of conviction, or a certified copy thereof, shall
be conclusive evidence of the conviction, as that term is used in
this article or in Section 14028 or 14028.5.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this article or of Section 14028 or 14028.5. The commissioner may
order the license suspended or revoked, or may decline to issue a
license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing such person to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment.

14063. The commissioner may suspend or revoke a license issued
under this chapter or may issue a restricted license in accordance
with Section 14026.5 if the commissioner determines that the
licensee, or his or her manager, if an individual, or if the licensee
is a person other than an individual, that any of its officers,
directors, partners, or its manager, has:
(a) Used any letterhead, advertisement, or other printed matter,
or in any matter whatever represented that he or she is an
instrumentality of the federal government, a state or any political
subdivision thereof.
(b) Used a name different from that under which he or she is
currently licensed in any advertisement, solicitation, or contract
for business.

14064. The commissioner may suspend or revoke a license issued
under this chapter or may issue a restricted license in accordance
with Section 14026.5 if the commissioner determines that the
licensee, or his or her manager, if an individual, or if the licensee
is a person other than an individual, that any of its officers,
directors, partners, or its manager, has committed any act in the
course of the licensee's business constituting dishonesty or fraud.
"Dishonesty or fraud" as used in this section includes, in
addition to other acts not specifically enumerated herein, all of the
following:
(a) Knowingly making a false statement relating to evidence or
information obtained in the course of employment, or knowingly
publishing a slander or a libel in the course of business.
(b) Using illegal means in the collection or attempted collection
of a debt or obligation.
(c) Manufacture of evidence.
(d) Acceptance of employment adverse to a client or former client
relating to a matter with respect to which the licensee has obtained
confidential information by reason of or in the course of his or her
employment by such client or former client.
(e) Impersonating, or permitting or aiding and abetting an
employee to impersonate a law enforcement officer or employee of the
United States of America, or of any state or political subdivision
thereof.

14065. The commissioner, in lieu of suspending or revoking a
license issued under this chapter for violations of Sections 14061,
14063, and 14064, may impose a civil penalty not to exceed five
hundred dollars ($500) upon a licensee, if the commissioner
determines that such action better serves the purposes of this
chapter.