Section 2175.6 - Applications for Written ConsentThe Prohibited Person must file an Application for Written Consent with the Department as set forth herein.
(a) Prohibited Persons must submit to the Department an Application for Written Consent (National Association of Insurance Commissioners' (NAIC) Short Form Application for Written Consent to Engage in the Business of Insurance Pursuant to 18 U.S.C. § 1033 and 1034 (dated 1998), which is incorporated herein by this reference). Prohibited Persons are those defined in section 2175.2(m), herein.(b) It is the responsibility of the applicant to read the Application in its entirety. Every question must be answered completely and truthfully. The NAIC Short Form Application is available at the Department's website at www.insurance.ca.gov and at the Department of Insurance Licensing Background Bureau.(c) Failure to submit a complete Application may result in delay or denial of the Commissioner's Written Consent. The purpose of the Application is to provide the Prohibited Person with an opportunity to demonstrate that, notwithstanding the provisions of the Act, the Prohibited Person is fit to transact, or to engage in, the business of insurance without risk to consumers or insurers.(d) The burden is upon the Prohibited Person to establish that the Commissioner's Written Consent should be granted.(e) All Applications submitted to the Department must be typewritten. Any application that is not typewritten will be returned to the Applicant.(f) All Applications submitted must be complete. Certified copies of all court documents setting forth the initial conviction and any subsequent disposition, together with any other relevant documents or information that the Prohibited Person would like to have considered must be submitted within thirty (30) days of the Department's receipt of the application.(g) Fingerprint impressions on FBI Form #FD-258 (Rev. 12-29-1982, which is incorporated herein by this reference) should be submitted directly to "Sylvan/Identix Fingerprinting Centers", along with a check in the amount of $74.00 made payable to "Sylvan/Identix Fingerprinting Centers." Fingerprint card completion instructions are available on the Department's website at www.insurance.ca.gov. An application is incomplete without the following:
(1) An application processing fee in the amount of $124.00, payable to the California Department of Insurance.(2) Two 2" by 2" recent passport photographs attached to the upper right hand corner of the first page of the application for written consent.(3) Any amendment to the application must be filed immediately upon the occurrence of any event that would change any answer on the application. Failure to file a timely amendment may result in denial of the Request for Written Consent or the immediate withdrawal of previously granted consent.Cal. Code Regs. Tit. 10, § 2175.6
1. New section filed 8-21-2003; operative 8-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34). 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 8-21-2003; operative 8-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).