Section 2175.2 - DefinitionsFor the purpose of these regulations, the following definitions shall apply:
(a) "Application" shall mean any filing made with the California Department of Insurance (Department) for written consent to engage in the business of insurance.(b) "Applicant" shall mean any person subject to the provisions of Title 18 United States Code § 1033, who files an application for written consent to engage in the business of insurance.(c) "Breach of Trust" refers to certain crimes or offenses, including, but not limited to, any offense constituting or involving misuse, misapplication or misappropriation of (1) anything of value held as a fiduciary (including, but not limited to, a trustee, administrator, executor, conservator, receiver, guardian, agent, employee, partner, officer, director or public servant) or (2) anything of value of any public, private or charitable entity.(d) "Burden of Proof" means the necessity or duty of proving a fact that is in dispute on an issue raised at a hearing on a Request for Written Consent.(e) "Business of Insurance" means: (1) the writing of insurance, or(2) the reinsuring of risks, by an insurer, including all acts necessary or incidental to such writing or reinsurance and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons.(f) "Conviction" means a finding of guilty or a plea of guilty, nolo contendere or no contest in a criminal court of the United States of America or in any state, commonwealth or possession. Completion of deferred adjudication and conditional discharges are not convictions.(g) "Dishonesty" refers to a crime or offense which includes, but is not limited to, any offense constituting or involving perjury, bribery, forgery, counterfeiting, false or misleading oral or written statements, deception, fraud, schemes or artifices to deceive or defraud, material misrepresentations and the failure to disclose material facts.(h) "Felony" means (1) Any Federal crime for which the maximum authorized punishment exceeds one year of imprisonment;(2) Any crime for which the maximum authorized punishment exceeds one year incarceration; or(3) Any crime in any other state, commonwealth, territory or possession that is identified as a felony in that state, commonwealth, territory or possession, or if not identified as a felony in said other jurisdiction, any offense for which the maximum authorized punishment exceeds one year incarceration.(4) Any conviction of a felony crime of dishonesty, breach of trust or violation of 18 U.S.C. § 1033 which has been set aside pursuant to California Penal Code section 1203.4.(i) "Insurer" means any entity that transacts the business of insurance or that reinsures risks, and includes any person who acts as, is, an officer, director, agent or employee of that business.(j) "Interstate Commerce," means the following:(1) Commerce within the District of Columbia, or any territory, or possession of the United States;(2) All commerce between any point in the State, territory, possession, or the District of Columbia and any point outside thereof;(3) All commerce between points within the same State through any place outside such State via the Internet or any other means to receive commerce; or(4) All other commerce over which the United States has Jurisdiction.(k) "License" means any license, registration, certificate of authority or other permit or approval issued or granted by the Commissioner of Insurance.(l) "Licensee" means any person or entity holding a license.(m) "Prohibited Person" means any person who has been convicted of felony crimes of dishonesty, breach of trust in a state or federal jurisdiction or who has been convicted of any violation of 18 U.S.C. § 1033 (the "Act"), who wishes to engage in or transact the business of insurance in this State, or who wishes to engage in or transact the business of insurance for insurers, and/or reinsurers and/or their agents and employees who are domiciled in this State. A "Prohibited Person" may be an officer, director or employee of an insurance agency or an insurance company, an agent, solicitor, broker, consultant, third-party administrator, managing general agent, or subcontractor representing an insurance agency or insurance company who engages in or transacts the business of insurance.(n) "Request for Consent" means a completed application, submitted by a Prohibited Person that requests the Commissioner's express, written consent to allow that Prohibited Person to engage in or transact, or to continue to engage in or transact, the business of Insurance.(o) "State" for the purposes of this regulation, includes any State in the United States the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa and the Trust Territory of the Pacific Islands.Cal. Code Regs. Tit. 10, § 2175.2
1. New section filed 3-10-2003; operative 4-9-2003 (Register 2003, No. 11). Note: Authority cited: Sections 1723 and 1742.2, Insurance Code Reference: Sections 1723 and 1742.2, Insurance Code; and 18 U.S.C. § 1033.
1. New section filed 3-10-2003; operative 4-9-2003 (Register 2003, No. 11).