SECTIONS 15038-15043 - California Statutes

INSURANCE CODE

SECTION 15038-15043

15038. Except as otherwise required to comply with the provisions
of Article 6 (commencing with Section 15044), 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.

15039. The commissioner may suspend or revoke a license issued
under this chapter if he or she determines that the licensee has done
any of the following:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement of the license.
(b) Violated 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 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.
(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) Manufactured evidence.
(m) 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 that client or former client.

15039.5. The commissioner may, without hearing, suspend or revoke a
license issued under this chapter if he or she determines that the
licensee has committed any act or crime constituting grounds for
denial of license under Section 15018.5.

15040. The record or conviction, or a certified copy thereof, shall
be conclusive evidence of the conviction as that term is used in
this article or in Section 15018 or 15018.5.
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 15018 or 15018.5. 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 that person to withdraw his or her plea of guilty
and enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment.

15041. The commissioner shall suspend or revoke a license issued
under this chapter if the commissioner determines that the licensee
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 than that under which he or she is
currently licensed in an advertisement, solicitation, or contract for
business.

15042. The commissioner may suspend or revoke a license issued
under this chapter if the commissioner determines that the licensee
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, any 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 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 that client or former client.

15043. The commissioner, in lieu of suspending or revoking a
license issued under this chapter for violations of Sections 15039,
15041, and 15042, 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.