2005 California Insurance Code Sections 1831-1849 CHAPTER 8. LIFE AND DISABILITY INSURANCE ANALYSTS

1831.  The following persons are exempt from this chapter:
   (a) Active members of the State Bar of California.
   (b) Any person who has passed all of the qualifying examinations
necessary to become an associate of the Society of Actuaries.
   (c) An officer or employee of any bank or trust company who
receives no compensation from sources other than the bank or trust
company for activities connected with his employment which would
otherwise subject him to this chapter.
   (d) Any person employed by an employer who on behalf of his or her
employer or any employee of his or her employer transacts life or
disability insurance with, but not on behalf of, an insurer; or,
   Advises his or her employer or any employee of his or her employer
in any manner concerning life or disability insurance; if:
   (1) The employer receives no compensation by reason of such
transactions or advice; and
   (2) Such person receives no compensation from any source other
than his or her employer for such transactions and advice.
   (e) An investment advisor, as defined in Section 25009 of the
Corporations Code, when acting in that capacity.
1832.  An employee or officer of any insurer is not eligible for
license as a life and disability insurance analyst.  A life insurer
shall not pay a life and disability insurance analyst any commission
directly or indirectly, on any life or disability insurance
transacted by and in the capacity as a life and disability insurance
analyst.
1833.  A license to act as life insurance analyst shall not be
issued to any person not residing in this state, nor to any person
who is under 18 years of age at the time of application.
1834.  Such license shall be obtained only on a written application
on a form prescribed by the commissioner.  The commissioner may
decline to act upon an incomplete or defective application until
amendments or an amended application are filed with him which
complete the prescribed form and are properly executed.  He may
prescribe the form of such amendments or amended application.
1835.  The applicant shall answer under oath such interrogatories as
the commissioner himself or through his deputies propounds on forms
prepared by the commissioner.
1836.  A license shall not be issued until the commissioner has
satisfied himself upon evidence presented and recorded as to the
integrity of the applicant and that the applicant:
   (a) Is of good business reputation and of good general reputation.
   (b) Has a thorough knowledge of life or disability insurance.
   (c) Has not participated in or been connected with any business
transaction which, in the opinion of the commissioner, tends to show
unfitness to act in a fiduciary capacity or to maintain the standards
of fairness and honesty required of a trustee or other fiduciary.
   (d) Has not willfully misstated any material fact in an
application to the commissioner for a license or in a document filed
in support of such an application, and has not obtained his or her
license by concealment or knowing misrepresentation.
   (e) Is a fit and proper person to hold the license applied for.
   (f) Does not seek the license for the purpose of avoiding or
preventing the operation or enforcement of the insurance laws of this
state.
   (g) Has within 12 months preceding issuance of the license taken
and passed the qualification examination provided in this article.
1837.  The commissioner may decline to issue a license if an
applicant:
   (a) Has been refused a license or had a license revoked by any
public authority for reasons which indicated lack of honesty or
integrity or which showed improper business practice on the part of
the applicant.
   (b) Has been convicted of a misdemeanor or felony denounced by
this code or one of the elements of which involved the
misappropriation of money or property.
   (c) Has committed an act forbidden by this code.
1838.  A license shall not be refused by the commissioner on the
basis of Section 1836, excepting subdivision (g), without hearing on
notice to the applicant.  The proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the commissioner
shall have all the powers granted therein.
1839.  The commissioner shall conduct or arrange for a written
examination, to be given at least twice a year upon questions
prepared by the commissioner, as to the qualifications of the
applicant to act as a life and disability insurance analyst.
1840.  The examination shall be of sufficient scope to satisfy the
commissioner that the applicant has sufficient knowledge of and is
thoroughly familiar with the life and disability insurance laws of
this state, and the provisions, terms, and conditions of life and
disability insurance contracts written on residents of this state,
and has a thorough and complete knowledge of life and disability
insurance.
1841.  Every individual and organization licensee, and every
applicant for such a license, under this chapter shall file with the
commissioner in writing the true name of the individual or
organization, and also all fictitious names under which he or she
conducts or intends to conduct his or her business, and after
licensing shall file with the commissioner any change in or
discontinuance of those names.  The commissioner may, in writing,
disapprove the use of any true or fictitious name (other than the
bona fide natural name of an individual) by any licensee on any
ground set forth in Section 1724.5.  A licensee may not use a true or
fictitious name after being notified by the commissioner in writing
that the use is contrary to this section.  If the commissioner
determines that there are facts in mitigation in connection with the
continued use of the name, the commissioner may permit its use for a
specified reasonable period of time if, in connection therewith, he
or she imposes such conditions as will protect the public and achieve
the purposes of this section.  Any such permission, and any such
conditions, shall be in writing.
1842.  The provisions of Chapter 5 (commencing with Section 1621)
concerning the license period and the procedure and time for filing
applications for renewal of licenses and for filing notices of
intention to keep licenses in force applicable to life agents are
applicable to licenses authorized by this chapter except that
participation in such applications or notices by an admitted insurer
is not required.
   The fee for filing an application for the issuance or renewal of a
license to  act as a life and disability insurance analyst or an
notice of intention to keep such a license in force is one hundred
eighteen dollars ($118).  As respects life and disability insurance
analysts all references in Section 1718 to fees shall be deemed to be
to the fee herein specified.  The fee for filing application to take
the qualifying examination for life and disability insurance analyst
is fifty-nine dollars ($59) and the fee for filing the first
application to take the qualifying examination must be paid at the
same time the application for issuance of the license is paid.  The
fees specified in this section shall be paid in advance, and shall be
determined by multiplying the number of natural persons to be
licensed, or to be named on or added to a license, by the amounts
specified in this section as to each such license, multiplied by the
number of license years in the period of the license applied for, or
the remaining period of the existing license counting any initial
fractional license year of the period as one year for that purpose.
1842.1.  (a) An organization may hold a license to act as a life and
disability insurance analyst.  An organization is not eligible for
license under this chapter if its articles of incorporation or
association or agreement of copartnership forbid it to act in the
capacity for which a license is sought.
   (b) Only the following natural persons are eligible to be named
under an organizational license under this chapter:
   (1) Any general partner or employee of a copartnership.
   (2) Any member, officer, or employee of an association.
   (3) Any officer or employee of the corporation.
   (c) Except as otherwise provided in this chapter, whenever
reference is made in this chapter to an applicant for a license, the
reference includes each natural person who applies to be named on the
license of an organization, and wherever reference is made to a
person that has been licensed, that reference shall also apply to a
person named to act in such capacity under the license of an
organization.
1843.  The provisions of Sections 780, 781, 782 and 784, Article 6.5
(commencing with Section 790) of Chapter 2, and Article 13
(commencing with Section 1737) of Chapter 5 are applicable to
licensees and applicants for license under this chapter.
1844.  Any person who acts, offers to act, or assumes to act, as a
life and disability insurance analyst when not licensed by the
commissioner as provided by this article, or after the license
granted to him or her has been suspended or revoked, unless
proceedings are pending in the courts to review the act of the
commissioner, is guilty of a misdemeanor, punishable by a fine of not
more than one thousand dollars ($1,000) or by imprisonment for not
more than one year or by both such fine and imprisonment.
1845.  Any person who acts, offers to act or assumes to act as a
life and disability insurance analyst in violation of Section 1844 is
guilty of a public nuisance and may be enjoined from so doing
pursuant to Section 12928.6.
1846.  A licensee or applicant for a license under this article
shall notify the commissioner, in writing, of any changes in the
address from which he intends to conduct his business.
1848.  A person licensed pursuant to this chapter shall not charge a
fee for any service which is customarily associated with the
solicitation of insurance sales or the servicing of insurance
contracts written by the licensee or contracts for which the licensee
is receiving compensation from the insurer.  A licensee shall not
receive any fee unless that fee is based upon a written agreement
signed by the party to be charged.
   The agreement shall include a statement that information and
services concerning insurance policies may be obtained directly from
the insurer without cost, a statement outlining the services to be
performed for which a fee is to be charged, and the fee to be
charged.  Additionally, if the licensee is also licensed pursuant to
Chapter 5 (commencing with Section 1621), there shall be a statement
in the agreement indicating that the licensee is so licensed and, as
such, receives commissions for the sale of products.  A copy of every
such agreement shall be retained by the licensee for not less than
three years after the services have been fully performed.
1849.  The department may, from time to time, publish rules and
regulations regarding the initial and continuing qualifications to
obtain the life and disability insurance analyst license.  No person
shall be eligible for a life and disability insurance analyst license
unless for five years preceding the date of the examination, he or
she has worked as a life licensee under Chapter 5 (commencing with
Section 1621) or as an employee of such a licensee.