1. (a) In order to complete the online application, the applicant shall provide the following information:

   1. (1) Application type. The “application type” of the application to be completed by an applicant for a title marketing representative certificate of registration is “certificate.”
   2. (2) License type. The license type that must be selected in order to apply for a title marketing representative certificate of registration is Title Marketing Representative.
   3. (3) Full legal name.
   4. (4) Residence, business, mailing and email addresses. The business and mailing addresses specified by the applicant are matters of public record and shall be available to the public.
   5. (5) Gender.
   6. (6) Social security number.
   7. (7) Date of birth.
   8. (8) Country of citizenship. In addition to completing the online application, an applicant indicating on the online application that he or she is not a citizen of the United States must submit to the Department's Producer Licensing Bureau a copy of his or her authorization to work in the United States.
   9. (9) Employment history for the previous five years. The applicant must enter the name of each employer, the month and year employment began, the month and year employment ended, and the position held for all employment experiences starting with their current employer and continuing in reverse chronological order through the date that is five years before the date the online application is being completed. The applicant must include any and all full-time employment, part-time employment, self-employment, military service, periods of unemployment, and periods during which the applicant was a full-time student.
   10. (10) Past licensing history. The applicant must account for all current and past insurance licenses he or she has held as a resident or as a non-resident in California or in any other state. For each such license, the applicant must indicate the license type, the state or province that issued the license, the period of time during which the license was or has been held, and whether or not the license is currently in force.

   11. (11) Background information. The applicant must answer “yes” or “no” to the following background questions on the online application:

       1. (A) Have you ever been convicted of a felony?

          1. 1. The online application will advise the applicant as follows: “For the purpose of this application, you have been ‘convicted' if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each conviction or charge; and

             2. b. certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the charging documents and court documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the charging documents and court documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       2. (B) Have you ever been convicted of a felony involving dishonesty or breach of trust?

          1. 1. a. The online application will advise the applicant as follows: Federal law (18 U.S.C. 1033) prohibits anyone who has been convicted of a felony involving dishonesty or a breach of trust or who has been convicted of any violation of 18 U.S.C. 1033 from conducting the business of insurance unless they have obtained the written consent of the Insurance Commissioner. It is a violation of this statute to conduct business of insurance without the Commissioner's written consent. If you have been convicted of a felony involving dishonesty or a breach of trust or a violation of 18 U.S.C. 1033, you must attach a copy of this consent. If you have not obtained this written consent you must do so prior to filing your application.

             1. b. If the answer to the above background question is “Yes,” the applicant must further answer “yes” or “no” to the following question: “Have you received consent from the Insurance Commissioner?”

          2. 2. a. The online application will advise the applicant as follows: “For the purpose of this application, you have been ‘convicted' if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.”

             1. b. If the answer to the question “Have you ever been convicted of a felony involving dishonesty or breach of trust?” is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

                1. A. a written statement, with original signature, explaining the circumstances of each conviction or charge; and

                2. B. certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.

                   An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the charging documents and court documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the charging documents and court documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       3. (C) Have you ever been convicted of a misdemeanor?

          1. 1. The online application will advise the applicant as follows: “For the purpose of this application, you have been ‘convicted' if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each conviction or charge; and

             2. b. certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the charging documents and court documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the charging documents and court documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       4. (D) Have you ever been convicted of a military offense?

          1. 1. The online application will advise the applicant as follows: “For the purpose of this application, you have been ‘convicted' if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each conviction or charge; and

             2. b. certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the charging documents and court documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the charging documents and court documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       5. (E) Are you currently charged with committing a crime?

          1. 1. The online application will advise the applicant as follows: “ ‘Crime' includes a felony, a misdemeanor or a military offense. You may exclude traffic citations but must include driving offenses such as, but not limited to, reckless driving, driving under the influence and driving with a suspended license.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each charge; and

             2. b. certified copies of the charging documents.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the charging documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the charging documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       6. (F) Have you ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?

          1. 1. The online application will advise the applicant as follows: “ ‘Involved' means having a license censured, suspended, revoked, cancelled, terminated; or being assessed a fine, placed on probation or surrendering a license to resolve an administrative action. ‘Involved' also means being named a party to an administrative or arbitration proceeding which is related to a professional or occupational license. ‘Involved' also means having a license application denied or the act of withdrawing an application to avoid denial. You may exclude terminations due solely to noncompliance with continuing education requirements or failure to pay a renewal fee.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each disciplinary incident; and

             2. b. certified copies of the Notices of Hearing or other documents that state the charges and allegations, and of the documents which demonstrate the resolution of the charges or any final judgment.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the Notices of Hearing and other documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the Notices of Hearing and other documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       7. (G) Has any business in which you were an owner, partner, officer or director ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?

          1. 1. The online application will advise the applicant as follows: “ ‘Involved' means having a license censured, suspended, revoked, cancelled, terminated; or being assessed a fine, placed on probation or surrendering a license to resolve an administrative action. ‘Involved' also means being named a party to an administrative or arbitration proceeding which is related to a professional or occupational license. ‘Involved' also means having a license application denied or the act of withdrawing an application to avoid denial. You may exclude terminations due solely to noncompliance with continuing education requirements or failure to pay a renewal fee.”

          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau:

             1. a. a written statement, with original signature, explaining the circumstances of each disciplinary incident; and

             2. b. certified copies of the Notices of Hearing or other documents that state the charges and allegations, and of any documents which demonstrate the resolution of the charges or any final judgment.

                An applicant who is required to submit any such certified copy but who does not have it at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the required certified copy. Failure to provide to the Department either copies of this correspondence, or the required certified copies of the Notices of Hearing or other documents, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the required certified copies of the Notices of Hearing or other documents are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       8. (H) Has any demand been made or judgment rendered against you for any overdue monies by an insurer, insured, or producer, or have you ever been subject to a bankruptcy proceeding?

          1. 1. The online application will advise the applicant as follows: “Include only bankruptcies that involve funds held on behalf of others.”
          2. 2. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit to the Department's Producer Licensing Bureau a statement, with an original signature, summarizing the details of the indebtedness and arrangements for repayment, and/or type and location of bankruptcy.

       9. (I) Have you ever been notified by any jurisdiction of any delinquent tax obligation that is not the subject of a repayment agreement?

          If the answer to the above question is “Yes,” the applicant must identify all such jurisdictions on the online application.

       10. (J) Are you currently a party to or have you ever been found liable in any lawsuit or arbitration proceeding involving allegations of fraud, misappropriation or conversion of funds, misrepresentation or breach of fiduciary duty?

           1. 1. If the answer to the above question is “Yes,” the applicant, in addition to completing the online application, must for each such lawsuit or proceeding submit to the Department's Producer Licensing Bureau:

              1. a. a written statement, with original signature, summarizing the details of the incident;
              2. b. a copy of the Petition, Complaint, or other document that commenced the lawsuit or arbitration; and
              3. c. a copy of any official document which demonstrates the resolution of the charges or any final judgment.
           2. 2. An applicant who is required to submit a copy of any document required pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c. above but who does not have such a copy at his or her disposal must retain for his or her records copies of the correspondence the applicant sends to the court or other source of documents in order to obtain the copy of the document that is required pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c. Failure to provide to the Department either copies of this correspondence, or the copies of the documents that are required pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c, upon the Department's request shall result in the applicant's application being deemed incomplete and the suspension of the applicant's authority to operate as a representative on a provisional basis. The online application will advise the applicant of the requirement that, unless and until the copies of the documents that are required pursuant to subitem (a)(11)(J)1.b. or (a)(11)(J)1.c are in his or her possession, the applicant must retain copies of this correspondence and that the applicant may lose his or her provisional authority if he or she fails to furnish such copies upon request.

       11. (K) Have you or any business in which you are or were an owner, partner, officer, or director ever had an insurance agency contract or any other business relationship with an insurance company terminated for any alleged misconduct?

           1. 1. a written statement, with original signature, summarizing the details of the incident and explaining why the applicant feels this incident should not prevent him or her from receiving a title marketing representative certificate of registration; and,
           2. 2. copies of any relevant documents.

           If the answer to the above question is “Yes,” the applicant, in addition to completing the online application, must for each such termination submit to the Department's Producer Licensing Bureau:

   12. (12) Applicant's certification. The applicant must certify the under penalty of perjury that the applicant had read the online application, that the applicant knows the contents of the information he or she has provided on the online application, and that each statement made on the online application is full, true and correct. The required certification includes language indicating that the applicant understands that pursuant to section 1738, and subdivision (h) of section 1668, of the Insurance Code, any false statement made on the application or any document filed in support thereof may subject the applicant's application to denial and may subject the applicant's certificate to suspension or revocation.

2. (b) The applicant shall complete the applicant's portion of the Department's Live Scan request form to be provided to a Live Scan vendor as specified in Section 2194.54. The applicant must provide the following information on the Live Scan request form:

   1. (1) Full legal name;

   2. (2) Any former names or aliases;

      1. (B) Gender,
      2. (C) Height,
      3. (D) Weight,
      4. (E) Eye color
      5. (F) Hair color, and
      6. (G) Place of birth;

      (3)(A) Date of birth,

   3. (4) Social security number;
   4. (5) Driver's license number;
   5. (6) Daytime telephone number; and
   6. (7) Residence address.

3. (c) Companies shall use the Department's online business entity services portal to provide the notice of employment, and the notice of termination, of a representative as required by subdivision (f) of section 12418.1 of the Insurance Code. The Department's online business entity services portal is accessible via the Department's website: www.insurance.ca.gov.

   1. (1) A company must register to use the Department's online business entity services portal by specifying the following information:

      1. (A) The company's National Association of Insurance Commissioners number or the company's California identification number;
      2. (B) The company's Federal Employer Identification Number (FEIN);

      3. (C) The contact information of a contact person designated by the company, as follows:

         1. 1. the name of the contact person,
         2. 2. the title of the contact person,
         3. 3. the telephone number of the contact person, and
         4. 4. the email address of the contact person;

   2. (2) The company's designated contact person must specify:

      1. (A) a username selected by the contact person,
      2. (B) a password known only to the contact person, and
      3. (C) for security purposes, a security question and an answer to that security question that are known only to the contact person.

4. (d) Renewal of certificate

   1. (1) The representative must provide the following information when completing the online renewal application referenced in Paragraph (b)(1) of Section 2194.51:

      1. (A) 1. a. the certificate number that is printed on his or her title marketing representative certificate of registration, and

         1. b. the renewal ID specified in the renewal notice referenced in Paragraph (d)(3) below of this Section 2194.55; or

         2. 2. a. the certificate number that is printed on his or her title marketing representative certificate of registration,

            1. b. his or her date of birth, and
            2. c. the last four digits of his or her social security number.

      2. (B) The applicant must answer the background questions stated below.

         1. 1. a. Have you been the subject of any administrative disciplinary action since your last previous application for, or renewal of, the title marketing representative certificate of registration?

            1. b. If the answer to the above background question is “Yes,” the applicant, in addition to completing the online application, must submit the following to the Department's Producer Licensing Bureau, and will be so informed by the online renewal application:

               1. A. a written statement, with original signature, explaining the circumstances of each disciplinary incident; and
               2. B. certified copies of the Notices of Hearing or other documents that state the charges and allegations, and of the documents which demonstrate the resolution of the charges or any final judgment.

         2. 2. a. Have you been convicted of, or charged with, a crime since your last previous application or renewal?

            1. b. The online application will advise the applicant as follows: “For the purpose of this application, a ‘crime' includes any felony, misdemeanor or military offense. For the purpose of this application, you have been ‘convicted' if you were found guilty by a verdict of a judge or jury, entered a plea of nolo contendere, had any charge expunged, dismissed or plea withdrawn pursuant to Penal Code section 1203.4, were placed on probation, received a suspended sentence or just ordered to pay a fine. You may exclude traffic citations. You must answer ‘Yes' if you have been convicted of a driving offense constituting a felony or misdemeanor including, but not limited to, reckless driving, driving under the influence and driving with a suspended license, whether or not you spent any time in jail, and whether or not you believe the conviction has been removed from your license.”

            2. c. If the answer to the background question stated in subitem (d)(1)(B)2.a. above is “Yes,” the applicant must submit the following to the Department's Producer Licensing Bureau, and will be so informed by the online renewal application:

               1. A. a written statement, with original signature, explaining the circumstances of each conviction or charge; and
               2. B. certified copies of the charging documents and, if such court documents exist, certified copies of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.

   2. (2) Applicant's certification

      The applicant must certify under penalty of perjury that he or she is the certificate holder he or she represents himself or herself to be, that he or she has read the foregoing renewal application, that he or she knows the contents thereof and that each statement made by him or her on the application and on any document that is or will be filed in support thereof is full, true and correct.

   3. (3) Renewal notice

      1. (A) The Department shall email to the representative's most recent email address on record with the Department a renewal notice containing a link to the online renewal application; and
      2. (B) The Department shall, by means of its online business entity services portal, email the renewal notice to the company having most recently notified the Department that it has employed the representative pursuant to Paragraph (a)(2) of Section 2194.51 or Subdivision (c) of this Section 2194.55.

      By doing both of the following not less than 60 days before a certificate is to expire, the Department shall fulfill the requirement stated in Subdivision (b) of Insurance Code section 12418.3 that it mail to the representative a renewal application:

Note: Authority cited: Sections 12404, 12418, 12418.1, 12418.2 and 12418.3, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); and 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 12404, 12418, 12418.1, 12418.2 and 12418.3, Insurance Code.

History

1. New section filed 12-31-2008 as an emergency; operative 1-1-2009 (Register 2009, No. 1). A Certificate of Compliance must be transmitted to OAL by 6-30-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-31-2008 order, including amendment of section and Note, transmitted to OAL 6-17-2009 and filed 7-29-2009 (Register 2009, No. 31).