1. (a) The penalty set forth above in Section 2330.1 may be waived if the surplus line broker fails to make a timely payment under any of the circumstances set forth under Section 2330.3(c)(1) through (7) above. A surplus line broker may also be relieved of the penalty for late payment if:

   1. (1) the surplus line broker failed to receive a tax return because of a change of address and the Department has been properly informed of the change of address.
   2. (2) for any other reason, the surplus line broker has not received a tax return from the Department where the Department is at fault.
   3. (3) other situations that clearly demonstrate that failure to make timely payment is beyond the surplus line broker's control.

Note: Authority cited: Sections 1775.4(e) and 1775.5(b), Insurance Code. Reference: Sections 1775.4(e) and 1775.5(b), Insurance Code.

History

1. New section filed 7-21-2008; operative 8-20-2008 (Register 2008, No. 30).