Insurance Code section 1669(d) empowers the California Insurance Commissioner to summarily deny (without a hearing) a license application within five years of a license revocation. For an insurance broker who has lost their license, this five year window can present a trap. If you re-apply within five years and are denied, under section 1669(c), the
Professional License Law
ABCs of BRE Broker Audits
The Bureau of Real Estate can dispatch an auditor to conduct an on-site audit of a broker’s operations. These audits typically focus on proper use of the broker’s trust account, but usually also include a full compliance check of the real estate broker’s operations. BRE audits are usually triggered by a complaint. A typical audit…
Your Hearing’s Around the Corner? It’s Not Too Late to Get Legal Help
If for whatever reason your license discipline or license denial hearing has snuck up on you and is right around the corner, don’t throw in the towel or go it alone. Even with just a few days to prepare, an experienced license defense attorney can make a night-and-day difference in the outcome of an administrative…
DCA Investigations: Proceed With Caution
Being the target of a licensing investigation is one of the most surprising and stressful things that can happen to one of our professional clients. Investigations often immediately follow a workplace incident, often where a disgruntled employer sometimes reaches out to the Board directly. Or, a client may have a vindictive coworker or supervisor who …
Similar Cases, Different Results
“in propria persona”, “unrepresented litigant”, “hiring counsel”…
Continue Reading Similar Cases, Different Results
Avoiding Mistakes – Disclosing Old Convictions on Applications
Clients often have an inaccurate picture of their own eligibility for a professional license. If a client has suffered a misdemeanor conviction in recent years, almost all state agencies will use the conviction to justify denying the application. However, as the conviction becomes extremely old, the agency becomes less and less likely to use it…
Governor Brown Signs AB 2396, Limiting the Use of Expunged Convictions to Deny License Applications
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which added language to Business and Professions Code section 480. This addition to the law provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This…
California Department of Insurance Rules for Maintaining Files and Records
The California Department of Insurance, pursuant to Title 10 California Code of Regulations section 2190.7, requires that an insurance producer maintain certain records that must be open and available for Department inspection at the agent’s place of business. The principal rule, found under section 2190.3, requires an agent to keep his file for 18 months…
Cost Recovery in a California License Accusation Case
When a California licensing agency seeks to discipline a license by filing and serving an accusation, in the accusation there is usually a request for cost recovery. Cost recovery is mandatory reimbursement paid to the agency for all of its investigative costs and attorneys fees. In other words, if you receive an accusation against your…
Responding to an Investigative Subpoena or Request for a Release from a California Licensing Agency
The first contact that a California licensee may receive from a licensing board investigator is either a letter asking the licensee to sign a waiver form for the release of records, or receipt of a copy of an investigative subpoena to a third party seeking certain personal records. The request for a release or waiver…
