California Bail: Denial of License
The following California Denial of Bail License regulations and laws are taken from the California Insurance Code (sections relevant to the undertaking of bail).
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Application; denial of license |
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Denial of application for license |
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Denial of license |
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Denial of license |
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Denial of license; hearing |
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Hearing on denial of license |
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License application; denial |
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License denial; hearing |
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License; denial |
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License; denial |
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License; denial of application |
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Licenses; organizational |
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Application; denial of license
Insurance Code 1669
1669. The commissioner may, without hearing, deny an application if the applicant has: (a) Committed a felony as shown by a plea of guilty or nolo contendere, or by a final judgment of conviction thereof; (b) Committed a misdemeanor denounced by this code or by other laws regulating insurance as shown by a plea of guilty or nolo contendere, or by a final judgment of conviction thereof; (c) Had a previous application for a professional, occupational, or vocational license denied for cause by any licensing authority, within five years of the date of the filing of the application to be acted upon, on grounds that should preclude the granting of a license by the commissioner under this chapter; or (d) Had a previously issued professional, occupational, or vocational license suspended or revoked for cause by any licensing authority, within five years of the date of the filing of the application to be acted upon, on grounds that should preclude the granting of a license by the commissioner under this chapter. In the event the commissioner issues an order based on a plea that does not at any time result in a judgment of conviction, the commissioner shall vacate the order upon petition by the applicant.
Denial of application for license
Insurance Code 1668
1668. The commissioner may deny an application for any license issued pursuant to this chapter if: (a) The applicant is not properly qualified to perform the duties of a person holding the license applied for; (b) The granting of the license will be against public interest; (c) The applicant does not intend actively and in good faith to carry on as a business with the general public the transactions which would be permitted by the issuance of the license applied for; (d) The applicant is not of good business reputation; (e) The applicant is lacking in integrity; (f) The applicant has been refused a professional, occupational or vocational license or had such a license suspended or revoked by any licensing authority for reasons that should preclude the granting of the license applied for; (g) The applicant seeks the license for the purpose of avoiding or preventing the operation or enforcement of the insurance laws of this state; (h) The applicant has knowingly or willfully made a misstatement in an application to the commissioner for a license, or in a document filed in support of such an application, or has made a false statement in testimony given under oath before the commissioner or any other person acting in his stead; (i) The applicant has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner; (j) The applicant has shown incompetency or untrustworthiness in the conduct of any business, or has by commission of a wrongful act or practice in the course of any business exposed the public or those dealing with him to the danger of loss; (k) The applicant has knowingly misrepresented the terms or effect of an insurance policy or contract; (l) The applicant has failed to perform a duty expressly enjoined upon him by a provision of this code or has committed an act expressly forbidden by such a provision; (m) The applicant has been convicted of: (1) A felony; (2) A misdemeanor denounced by this code or other laws regulating insurance; or (3) A public offense having as one of its necessary elements a fraudulent act or an act of dishonesty in acceptance, custody or payment of money or property; (n) The applicant has aided or abetted any person in an act or omission which would constitute grounds for the suspension, revocation or refusal of a license or certificate issued under this code to the person aided or abetted; (o) The applicant has permitted any person in his employ to violate any provision of this code; or (p) The applicant has violated any provision of law relating to conduct of business which could lawfully be done only under authority conferred by such license. (q) The applicant has submitted to the commissioner a false or fraudulent certificate pursuant to subdivision (d) of Section 1749.5. A judgment, plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section.
Denial of license
Insurance Code 1668.5
1668.5. (a) The commissioner may deny an application for any license issued pursuant to this chapter, and may suspend or revoke the permanent license of any organization licensed pursuant to this chapter as authorized by Section 1738, if the applicant or holder of the permanent license is an organization and a controlling person of the organization is any of the following: (1) The controlling person has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner. (2) The controlling person has shown incompetency or untrustworthiness in the conduct of any business, or has by commission of a wrongful act or practice in the course of any business exposed the public or those dealing with him or her to the danger of loss. (3) The controlling person has knowingly misrepresented the terms or effect of an insurance policy or contract. (4) The controlling person has failed to perform a duty expressly enjoined upon him or her by a provision of this code or has committed an act expressly forbidden by a provision of this code. (5) The controlling person has been convicted of any of the following: (A) A felony. (B) A misdemeanor denounced by this code or other laws regulating insurance. (C) A public offense having as one of its necessary elements a fraudulent act or an act of dishonesty in acceptance, custody, or payment of money or property. A judgment, plea, or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. (6) The controlling person has aided or abetted any person in an act or omission that would constitute grounds for the suspension, revocation, or refusal of a license or certificate issued under this code to the person aided or abetted. (7) The controlling person has permitted any person in his or her employ to violate any provision of this code. (8) The controlling person has violated any provision of law relating to conduct of business that could lawfully be done only under authority conferred by a license under this chapter. (b) As used in this section, “controlling person” means a person who possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the organization, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, including, but not limited to, power that is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, more than 10 percent of the voting securities of the organization. This presumption may be rebutted by a showing that control does not exist in fact. The commissioner may, after furnishing all persons in interest notice and opportunity to be heard, determine that control exists in fact, notwithstanding the absence of a presumption to that effect.
Denial of license
Insurance Code 1813
1813. The commissioner, after notice and hearing, in accordance with the procedure provided in Article 13 (commencing with Section 1737) of Chapter 5 may suspend, revoke, or deny any license or certificate of authority issued pursuant to any provision of this code whenever he or she finds that the holder thereof has violated any provisions of this chapter.
Denial of license; hearing
Insurance Code 1667
1667. Except as provided in Section 1669, a license shall not be denied without an opportunity to the applicant to be heard in support of his application. When a hearing is held, the proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code.
Hearing on denial of license
Insurance Code 1667
License application; denial
Insurance Code 1668
License denial; hearing
Insurance Code 1667
License; denial
Insurance Code 1668.5
License; denial
Insurance Code 1813
License; denial of application
Insurance Code 1669
Licenses; organizational
Insurance Code 1672
1672. The commissioner may deny an application filed by an organization, unless both the organization and all natural persons named thereon meet the qualifications for the license for which such application is filed, but the qualifying examination shall be administered only to natural persons. In case the application is for more than one natural person to be named thereon and at least one, but not all, of such persons satisfy the examination requirement, the commissioner may issue such license omitting there from the names of the person or persons who fail to satisfy the examination requirement.
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Updated: 03/03/2010