SECTIONS 14070-14078 - California Statutes

INSURANCE CODE

SECTION 14070-14078

14070. As used in this article, "presiding officer" means the
executive officer of the Office of Administrative Hearings.

14071. The acceptance by a nonresident licensee of any of the
rights and privileges conferred upon him or her by this chapter, as
evidenced by his or her performance within this state, either
personally or through an employee, of any act for which a license is
required by this chapter, is equivalent to the appointment by such
licensee of the presiding officer as his or her true and lawful
attorney upon whom may be served all lawful process in any
disciplinary proceeding conducted against him or her under this
chapter.

14072. The acceptance of such rights and privileges as evidenced by
such act shall signify the agreement of the licensee that any such
process which is served against him or her in the manner provided in
this article shall be of the same legal force and validity as if
served upon him or her personally in this state.

14073. Service shall be made by leaving a copy of the accusation,
together with a notice of defense and statement to respondent as
described in Section 11505 of the Government Code, with a fee of two
dollars ($2) for each licensee to be served, in the hands of the
presiding officer or in his or her office in Sacramento. Such service
shall be sufficient service on the licensee subject to compliance
with Section 14074.

14074. A notice of such service and a copy of the accusation,
together with the notice of defense and statement to respondent,
shall forthwith be sent by registered mail by the presiding officer
to the licensee at his or her last known address as furnished by the
commission. Personal service of such notice, copy of the accusation,
notice of defense, and statement to respondent upon the licensee
wherever found outside this state shall be the equivalent of such
mailing.

14075. Proof of compliance with Section 14074 shall be made in the
event of service by mail by affidavit of the presiding officer or his
or her authorized employee showing such service by mailing, together
with the return receipt of the United States post office bearing the
signature of the licensee or his or her agent. Such affidavit and
receipt shall be appended to the original accusation on file with the
commissioner. In the event of personal service outside this state,
such compliance may be proved by the return of any duly constituted
public officer qualified to serve process in civil actions in the
state or jurisdiction where the licensee is found, showing such
service to have been made. Such return shall be appended to the
original accusation on file with the commissioner.

14076. The commissioner, or if the proceeding is heard before a
hearing officer of the Office of Administrative Hearings, such
hearing officer, may order such postponements or continuances and
grant such extensions of time as may be necessary to afford the
licensee reasonable opportunity to defend the proceeding. In no event
shall the licensee have less than 30 days after the date of service
of the accusation in which to file a notice of defense, nor shall the
notice of hearing provided for in Section 11509 of the Government
Code or the notice and copy of affidavit referred to in Section 11514
of the Government Code be mailed or delivered less than 20 days
prior to the date of hearing, and the time for making a request to
cross-examine under Section 11514 of the Government Code shall not be
less than 15 days.

14077. The presiding officer shall keep a record of all process
served upon him or her pursuant to this article, which record shall
show the day and hour of service.

14078. As used in this article, "nonresident" means a person who is
not a resident of this state at the time of the performance of the
act referred to in Section 14071.