SECTIONS 15044-15052 - California Statutes

INSURANCE CODE

SECTION 15044-15052

15044. As used in this article, "presiding officer" means the
Executive Officer of the Office of Administrative Hearings.

15045. The acceptance of 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 in this state, either personally
or through an employee, of any act for which a licensee is required
by this chapter, is equivalent to the appointment by that licensee of
the presiding officer as his or her true and lawful attorney upon
who may be served all lawful process and any disciplinary proceedings
conducted upon him or her under this chapter.

15046. 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
serviced upon him or her personally in this state.

15047. Service shall be made by leaving a copy of the accusation,
together with notice of defense and statement to respondent as
described in Section 11505 of the Government Code, with a fee of five
dollars ($5) for each licensee to be served, in the hands of the
presiding officer or in his or her office in Sacramento. That service
shall be sufficient service on the licensees subject to compliance
with Section 15048.

15048. A notice of that 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
commissioner. Personal service of the notice, copy of the accusation,
notice of defense, and statement to respondent upon the licensee
whenever found outside this state shall be the equivalent to those
mailings.

15049. Proof of compliance with Section 15048 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. That affidavit or
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 proven 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.

15050. The commissioner, or if the proceeding is heard before a
hearing officer of the Office of Administrative Hearings, the hearing
officer, may order those postponements or continuances and grant
those extensions of time as may be necessary to afford the licensee
reasonable opportunity to defend the proceedings. In no event shall
the licensee have less than 30 days after the date of service of
accusation in which to file a notice of defense, nor shall the notice
of hearings 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 be not less than 15
days.

15051. The presiding officer shall keep a record of all process
served upon him or her pursuant to this article, which records shall
show the day and hour of service.

15052. 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 15045.