California Department of Insurance License Defense Lawyer
The California Department of Insurance, known as CDI, licenses several hundred thousand Insurance Agents in the State of California. Most California Insurance Agents have minimal or no contact with the enforcement arm of the California Department of Insurance. For Insurance Agents who become part of the California Department of Insurance’s disciplinary process, the consequences are profound. The Insurance License disciplinary process is complex, procedural and time consuming. Insurance Agents facing the California Department of Insurance disciplinary process should seek legal representation from an experienced California Insurance License Defense Attorney.
California Department of Insurance Investigation Defense Lawyer
The majority of California Department of Insurance investigations begin with the filing of a consumer Complaint. However, California Department of Insurance Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Insurance employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Insurance employs sworn Peace Officer Investigators to conduct criminal investigations against Insurance Agents. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the California Department of Insurance disciplinary process. At the conclusion of a California Department of Insurance investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Insurance Legal Division. The California Department of Insurance Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.
If you are a Insurance Licensee facing a California Department of Insurance investigation, contact a California Department of Insurance License Defense Attorney for representation.
California Insurance Agent License Accusation Defense Attorney
A formal Accusation served on a California Insurance Licensee serves as notice to an Insurance Agent that the Department intends to revoke the Insurance Agents’ License. The Insurance Agent, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Insurance Agent. A Default will result in the immediate Revocation of the Insurance Agents’ License.
An Accusation is a serious matter that can result in the suspension or revocation of an Insurance License in California. In many cases, it is possible for Insurance Agents to reach a Stipulated Agreement with the California Department of Insurance. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Insurance Agents facing a California Department of Insurance Accusation should contact an experienced California Insurance License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Insurance Agents include:
California Insurance Agent License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Insurance can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Insurance’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Insurance Agent to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Insurance Agent can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Insurance Agents facing a California Department of Insurance Administrative Law Hearing need effective representation from a California Insurance License Defense Lawyer.
California Insurance Agent License and Criminal Convictions
The California Department of Insurance can discipline Insurance Agents for criminal convictions. California Department of Insurance discipline occurs for convictions for crimes involving moral turpitude. Discipline also occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Insurance Agent. Common criminal offenses that can cause Insurance Agent License discipline are DUI, Domestic Violence, Elder Abuse, Fraud, Forgery, Identity Theft, Insurance Fraud, Theft and Unlawful Solicitation of Insurance.
The California Department of Insurance and other law enforcement agencies also investigate criminal conduct by Insurance Agents in the course and scope of their trade. Criminal investigations often involve Insurance Agents engaged in Violations of Insurance License Regulations pursuant to the California Insurance Code. In serious criminal cases against Insurance Agents pending in Criminal Court, the California Department of Insurance and the Department of Insurance Legal Division may seek a California Penal Code § 23 Order against the Insurance Agent. A California Penal Code § 23 Order seeks to suspend an Insurance License in Criminal Court.
Insurance Agents facing criminal charges and Insurance Agents who are convicted of criminal offenses need an experienced California Insurance License Defense Attorney for representation in disciplinary proceedings before the California Department of Insurance.
California Insurance Agent License Statement of Issues Attorney
The California Department of Insurance thoroughly investigates all applicants for Insurance Licenses. The California Department of Insurance may deny a California Insurance License for a variety of reasons. Most California Insurance Agent License denials occur due to criminal convictions, financial problems or misstatements on the Insurance License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Insurance License should contact a California Insurance License Denial Lawyer for representation in a California Department of Insurance Statement of Issues Hearing.
California Insurance License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Insurance Agents who have received an Insurance License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Insurance License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Insurance. A successful Insurance License Petition for Reinstatement requires representation by an experienced California Insurance License Defense Attorney.