Section 2105.3 - Providers(a) Provider Approval (1) An individual or business entity who wants to be approved as a provider must submit to the Department a Prelicensing/Continuing Education Program Provider Certification/Renewal Application, which appears as section 2105.12, along with the fee recited for Insurance Code section 1751.1(a) as listed in the Fee Schedule.(2) A provider shall not be approved if an incomplete application is submitted to the Department. The incomplete application will remain on file for one year unless withdrawn by the applicant. After one year, a new application is required. Notification that an application is complete does not mean approval has been or will be granted. The Department must decide whether to approve a provider within sixty (60) days of receiving a completed application. If the Department initiates an investigation of an applicant for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the provider's approval to provide prelicensing or continuing education to bail agents, the sixty (60) day period will toll until the completion of the investigation. If, after completion of the investigation, the applicant is referred to the Department's Legal Division, the Department will have thirty (30) days from the date of the referral to issue a Statement of Issues pursuant to Government Code section 11504, or to issue the approval.(3) The Department may refuse to approve a provider based on any of the grounds for which it may deny an insurance agent license under Insurance Code sections 1668 or 1668.5.(4) A nonresident applicant for provider approval must file with the Department a Prelicensing/Continuing Education Program Out-of-State Provider Jurisdiction Agreement, which appears as section 2105.13.(5) The Department may investigate and require the filing of any supplementary documents, affidavits and statements it deems necessary to obtain information that will aid in determining whether the prerequisites for approval have been met.(6) Provider approval will be valid for two (2) years from the date it is granted.(b) Renewal of Provider Approval (1) To renew approval, a provider must submit to the Department a Prelicensing/Continuing Education Program Provider Certification/Renewal Application along with the fee recited for Insurance Code section 1751.1(b) listed in the Fee Schedule.(2) Approval as a provider may not be renewed if the renewal application is incomplete. The Department must inform all renewal applicants in writing if the application contains deficiencies requiring correction, and the nature of those deficiencies.(3) Renewal applications must be received by the Department at least sixty (60) days before the provider's approval expires to maintain continuity of approval.(4) An incomplete renewal application will remain active for one year unless withdrawn by the applicant. After one year, a provider must submit a new application. Notification that an application is complete does not mean approval or disapproval. The Department must decide whether to renew the approval within sixty (60) days of receiving a completed application.(5) A provider whose approval has expired may late renew up to sixty (60) days after the expiration date. If a renewal is received by the Department more than sixty (60) days after expiration of approval, the provider must re-file the Prelicensing/Continuing Education Program Provider Certification/Renewal Application for approval.(6) A provider whose approval has expired may not present a class for credit until the Department has issued a written notice of renewal.(c) A provider must notify the Department in writing within ten (10) days following any change in information recorded on the Prelicensing/Continuing Education Program Provider Certification/Renewal Application.(d) A provider must obtain the Department's written consent before using a fictitious name in an act for which provider approval is required. A provider must notify the Department if it changes or discontinues use of a true or fictitious name. The Department may in writing disapprove the use of a fictitious or true name, other than the legal name of an individual, on any of the following grounds: (1) The name interferes with or is too similar to a name already filed with the Department and in use by another approved provider;(2) the use of the name might mislead the public in any respect; or(3) the provider or applicant has already obtained approval for the use of a fictitious name and has not agreed to discontinue the use of that name. This subdivision does not prevent a provider or applicant who has lawfully purchased or succeeded to the business or businesses of other providers from using for each such business not more than two additional names, true or fictitious, consisting of names used by the predecessor businesses in their conduct as approved providers.(e) Providers shall offer courses to all students at the same per course fee. (1) By the last day of each month, a provider shall establish a course fee schedule to be in effect for all students who, in the following month, purchase a course or set of courses.(2) The course fee schedule shall state the month and year in which it will be in effect, and be dated and signed by the provider director on the date on which the provider commits to using the schedule.(3) The course fee schedule must include a price for each course or set of courses that will be available for purchase in the month for which the schedule applies.(4) A course fee schedule may not have the effect of discriminating in the amount of course fees based solely on membership or lack of membership in any group or association, including employment by any employer.(5) No person may purchase from a provider the right to enroll a student in a course and sell that right to a student for more or less that the person paid the provider. No person may sell to a student the right to enroll in a course, or enroll a student in a course, and charge that student more or less than the person paid or will pay for the course.Cal. Code Regs. Tit. 10, § 2105.3
1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34). Note: Authority cited: Section 1812, Insurance Code. Reference: Section 1810.7, Insurance Code.
1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34).