12414.13. Any person aggrieved by any rate charged, rating plan or
rating system followed or adopted by a title insurer, underwritten
title company, or controlled escrow company may request such person
or entity to review the manner in which the rate, plan, system, or
rule has been applied with respect to insurance or services afforded
him. Such request may be made by his authorized representative, and
shall be written. If the request is not granted within 30 days after
it is made, the requestor may treat it as rejected. Any person
aggrieved by the action of any such person or entity in refusing the
review requested, or in failing or refusing to grant all or part of
the relief requested, may file a written complaint and request for
hearing with the commissioner, specifying the grounds relied upon. If
the commissioner has information concerning a similar complaint he
may deny the hearing. If he believes that probable cause for the
complaint does not exist or that the complaint is not made in good
faith he shall deny the hearing. Otherwise, and if he finds that the
complaint charges a violation of Article 5.5 (commencing with Section
12401) and that the complainant would be aggrieved if the violation
is proved, he shall proceed as provided in Section 12414.14.
12414.14. If after examination of a title insurer, an underwritten
title company, or a controlled escrow company, or upon the basis of
other information, or upon sufficient complaint as provided in
Section 12414.13, the commissioner has good cause to believe that
such person or entity, or any rate, rating plan or rating system made
or used by any such person or entity does not comply with the
requirements and standards of Article 5.5 (commencing with Section
12401) he shall, unless he has good cause to believe such
noncompliance is willful, give notice in writing stating therein in
what manner and to what extent such noncompliance is alleged to exist
and specifying therein a reasonable time, not less than 10 days nor
more than 30 days thereafter, in which such noncompliance may be
corrected. Notices under this section shall be confidential as
between the commissioner and the parties unless a hearing is held
under Section 12414.15.
12414.15. If the commissioner has good cause to believe such
noncompliance to be willful, or if within the period prescribed by
the commissioner in the notice required by Section 12414.14 the title
insurer, underwritten title company, or controlled escrow company
does not make such changes as may be necessary to correct the
noncompliance specified by the commissioner or establish to the
satisfaction of the commissioner that such specified noncompliance
does not exist, then the commissioner may hold a public hearing in
connection therewith, provided that within a reasonable period of
time, which shall be not less than 10 days before the date of such
hearing, he shall mail written notice specifying the matters to be
considered at such hearing to such title insurer, underwritten title
company, or controlled escrow company. Such notice shall conform to
the requirements for an accusation as prescribed by Section 11503 of
the Government Code. If no notice has been given as provided in
Section 12414.14, such notice shall state therein in what manner and
to what extent noncompliance is alleged to exist. The hearing shall
not include any additional subjects not specified in the notices
required by Section 12414.14 or this section.
12414.16. If after a hearing pursuant to Section 12414.15 the
commissioner finds:
(a) That any rate, rating plan or rating system violates the
provisions of Article 5.5 (commencing with Section 12401), he may
issue an order to the person or entity which has been the subject of
the hearing specifying in what respects such violation exists and
stating when, within a reasonable period of time, the further use of
such rate or rating system by such person or entity in the business
of title insurance made thereafter shall be prohibited.
(b) That the violation which has been the subject of hearing was
willful, he may suspend or revoke, in whole or in part, the
certificate of authority of such title insurer or the license of such
underwritten title company or controlled escrow company with respect
to the transaction of the business of title insurance which has been
the subject matter of the hearing.
12414.17. In addition to other penalties provided in this code, the
commissioner may suspend or revoke, in whole or in part, the
authority of any person or entity to engage in the business of title
insurance upon the failure of any such person or entity to comply
within the time limited by such order or any extension thereof which
the commissioner may grant, with an order of the commissioner
lawfully made by him pursuant to Section 12414.16 and effective
pursuant to Section 12414.19.
12414.18. Except as otherwise provided in this chapter, all
proceedings in connection with the denial, suspension, or revocation
of a license or certificate of authority under this chapter shall be
conducted in accordance with the provisions of 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 to him therein.
12414.19. Any finding, determination, rule, ruling, or order made
by the commissioner under Article 5.5 (commencing with Section
12401), Article 5.7 (commencing with Section 12402), Article 6.7
(commencing with Section 12414.13), and Article 6.9 (commencing with
Section 12414.20) of this chapter shall be subject to review by the
courts of the state and proceedings on review shall be in accordance
with the provisions of the Code of Civil Procedure. In such
proceedings on review, the court is authorized and directed to
exercise its independent judgment on the evidence and unless the
weight of the evidence supports the findings, determination, rule,
ruling, or order of the commissioner, the same shall be annulled.
Notwithstanding any other provision of law to the contrary, a
petition for review of any such finding, determination, rule or
order, may be filed at any time before the effective date thereof. No
such finding, determination, rule, or order shall become effective
before the expiration of 20 days after notice and a copy thereof are
mailed or delivered to the person or entity affected, and any
finding, determination, rule, or order of the commissioner so
submitted for review shall not become effective for a further period
of 15 days after the petition for review is filed with the court. The
court may stay the effectiveness thereof for a longer period.
12414.13. Any person aggrieved by any rate charged, rating plan or
rating system followed or adopted by a title insurer, underwritten
title company, or controlled escrow company may request such person
or entity to review the manner in which the rate, plan, system, or
rule has been applied with respect to insurance or services afforded
him. Such request may be made by his authorized representative, and
shall be written. If the request is not granted within 30 days after
it is made, the requestor may treat it as rejected. Any person
aggrieved by the action of any such person or entity in refusing the
review requested, or in failing or refusing to grant all or part of
the relief requested, may file a written complaint and request for
hearing with the commissioner, specifying the grounds relied upon. If
the commissioner has information concerning a similar complaint he
may deny the hearing. If he believes that probable cause for the
complaint does not exist or that the complaint is not made in good
faith he shall deny the hearing. Otherwise, and if he finds that the
complaint charges a violation of Article 5.5 (commencing with Section
12401) and that the complainant would be aggrieved if the violation
is proved, he shall proceed as provided in Section 12414.14.
12414.14. If after examination of a title insurer, an underwritten
title company, or a controlled escrow company, or upon the basis of
other information, or upon sufficient complaint as provided in
Section 12414.13, the commissioner has good cause to believe that
such person or entity, or any rate, rating plan or rating system made
or used by any such person or entity does not comply with the
requirements and standards of Article 5.5 (commencing with Section
12401) he shall, unless he has good cause to believe such
noncompliance is willful, give notice in writing stating therein in
what manner and to what extent such noncompliance is alleged to exist
and specifying therein a reasonable time, not less than 10 days nor
more than 30 days thereafter, in which such noncompliance may be
corrected. Notices under this section shall be confidential as
between the commissioner and the parties unless a hearing is held
under Section 12414.15.
12414.15. If the commissioner has good cause to believe such
noncompliance to be willful, or if within the period prescribed by
the commissioner in the notice required by Section 12414.14 the title
insurer, underwritten title company, or controlled escrow company
does not make such changes as may be necessary to correct the
noncompliance specified by the commissioner or establish to the
satisfaction of the commissioner that such specified noncompliance
does not exist, then the commissioner may hold a public hearing in
connection therewith, provided that within a reasonable period of
time, which shall be not less than 10 days before the date of such
hearing, he shall mail written notice specifying the matters to be
considered at such hearing to such title insurer, underwritten title
company, or controlled escrow company. Such notice shall conform to
the requirements for an accusation as prescribed by Section 11503 of
the Government Code. If no notice has been given as provided in
Section 12414.14, such notice shall state therein in what manner and
to what extent noncompliance is alleged to exist. The hearing shall
not include any additional subjects not specified in the notices
required by Section 12414.14 or this section.
12414.16. If after a hearing pursuant to Section 12414.15 the
commissioner finds:
(a) That any rate, rating plan or rating system violates the
provisions of Article 5.5 (commencing with Section 12401), he may
issue an order to the person or entity which has been the subject of
the hearing specifying in what respects such violation exists and
stating when, within a reasonable period of time, the further use of
such rate or rating system by such person or entity in the business
of title insurance made thereafter shall be prohibited.
(b) That the violation which has been the subject of hearing was
willful, he may suspend or revoke, in whole or in part, the
certificate of authority of such title insurer or the license of such
underwritten title company or controlled escrow company with respect
to the transaction of the business of title insurance which has been
the subject matter of the hearing.
12414.17. In addition to other penalties provided in this code, the
commissioner may suspend or revoke, in whole or in part, the
authority of any person or entity to engage in the business of title
insurance upon the failure of any such person or entity to comply
within the time limited by such order or any extension thereof which
the commissioner may grant, with an order of the commissioner
lawfully made by him pursuant to Section 12414.16 and effective
pursuant to Section 12414.19.
12414.18. Except as otherwise provided in this chapter, all
proceedings in connection with the denial, suspension, or revocation
of a license or certificate of authority under this chapter shall be
conducted in accordance with the provisions of 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 to him therein.
12414.19. Any finding, determination, rule, ruling, or order made
by the commissioner under Article 5.5 (commencing with Section
12401), Article 5.7 (commencing with Section 12402), Article 6.7
(commencing with Section 12414.13), and Article 6.9 (commencing with
Section 12414.20) of this chapter shall be subject to review by the
courts of the state and proceedings on review shall be in accordance
with the provisions of the Code of Civil Procedure. In such
proceedings on review, the court is authorized and directed to
exercise its independent judgment on the evidence and unless the
weight of the evidence supports the findings, determination, rule,
ruling, or order of the commissioner, the same shall be annulled.
Notwithstanding any other provision of law to the contrary, a
petition for review of any such finding, determination, rule or
order, may be filed at any time before the effective date thereof. No
such finding, determination, rule, or order shall become effective
before the expiration of 20 days after notice and a copy thereof are
mailed or delivered to the person or entity affected, and any
finding, determination, rule, or order of the commissioner so
submitted for review shall not become effective for a further period
of 15 days after the petition for review is filed with the court. The
court may stay the effectiveness thereof for a longer period.
12414.13. Any person aggrieved by any rate charged, rating plan or
rating system followed or adopted by a title insurer, underwritten
title company, or controlled escrow company may request such person
or entity to review the manner in which the rate, plan, system, or
rule has been applied with respect to insurance or services afforded
him. Such request may be made by his authorized representative, and
shall be written. If the request is not granted within 30 days after
it is made, the requestor may treat it as rejected. Any person
aggrieved by the action of any such person or entity in refusing the
review requested, or in failing or refusing to grant all or part of
the relief requested, may file a written complaint and request for
hearing with the commissioner, specifying the grounds relied upon. If
the commissioner has information concerning a similar complaint he
may deny the hearing. If he believes that probable cause for the
complaint does not exist or that the complaint is not made in good
faith he shall deny the hearing. Otherwise, and if he finds that the
complaint charges a violation of Article 5.5 (commencing with Section
12401) and that the complainant would be aggrieved if the violation
is proved, he shall proceed as provided in Section 12414.14.
12414.14. If after examination of a title insurer, an underwritten
title company, or a controlled escrow company, or upon the basis of
other information, or upon sufficient complaint as provided in
Section 12414.13, the commissioner has good cause to believe that
such person or entity, or any rate, rating plan or rating system made
or used by any such person or entity does not comply with the
requirements and standards of Article 5.5 (commencing with Section
12401) he shall, unless he has good cause to believe such
noncompliance is willful, give notice in writing stating therein in
what manner and to what extent such noncompliance is alleged to exist
and specifying therein a reasonable time, not less than 10 days nor
more than 30 days thereafter, in which such noncompliance may be
corrected. Notices under this section shall be confidential as
between the commissioner and the parties unless a hearing is held
under Section 12414.15.
12414.15. If the commissioner has good cause to believe such
noncompliance to be willful, or if within the period prescribed by
the commissioner in the notice required by Section 12414.14 the title
insurer, underwritten title company, or controlled escrow company
does not make such changes as may be necessary to correct the
noncompliance specified by the commissioner or establish to the
satisfaction of the commissioner that such specified noncompliance
does not exist, then the commissioner may hold a public hearing in
connection therewith, provided that within a reasonable period of
time, which shall be not less than 10 days before the date of such
hearing, he shall mail written notice specifying the matters to be
considered at such hearing to such title insurer, underwritten title
company, or controlled escrow company. Such notice shall conform to
the requirements for an accusation as prescribed by Section 11503 of
the Government Code. If no notice has been given as provided in
Section 12414.14, such notice shall state therein in what manner and
to what extent noncompliance is alleged to exist. The hearing shall
not include any additional subjects not specified in the notices
required by Section 12414.14 or this section.
12414.16. If after a hearing pursuant to Section 12414.15 the
commissioner finds:
(a) That any rate, rating plan or rating system violates the
provisions of Article 5.5 (commencing with Section 12401), he may
issue an order to the person or entity which has been the subject of
the hearing specifying in what respects such violation exists and
stating when, within a reasonable period of time, the further use of
such rate or rating system by such person or entity in the business
of title insurance made thereafter shall be prohibited.
(b) That the violation which has been the subject of hearing was
willful, he may suspend or revoke, in whole or in part, the
certificate of authority of such title insurer or the license of such
underwritten title company or controlled escrow company with respect
to the transaction of the business of title insurance which has been
the subject matter of the hearing.
12414.17. In addition to other penalties provided in this code, the
commissioner may suspend or revoke, in whole or in part, the
authority of any person or entity to engage in the business of title
insurance upon the failure of any such person or entity to comply
within the time limited by such order or any extension thereof which
the commissioner may grant, with an order of the commissioner
lawfully made by him pursuant to Section 12414.16 and effective
pursuant to Section 12414.19.
12414.18. Except as otherwise provided in this chapter, all
proceedings in connection with the denial, suspension, or revocation
of a license or certificate of authority under this chapter shall be
conducted in accordance with the provisions of 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 to him therein.
12414.19. Any finding, determination, rule, ruling, or order made
by the commissioner under Article 5.5 (commencing with Section
12401), Article 5.7 (commencing with Section 12402), Article 6.7
(commencing with Section 12414.13), and Article 6.9 (commencing with
Section 12414.20) of this chapter shall be subject to review by the
courts of the state and proceedings on review shall be in accordance
with the provisions of the Code of Civil Procedure. In such
proceedings on review, the court is authorized and directed to
exercise its independent judgment on the evidence and unless the
weight of the evidence supports the findings, determination, rule,
ruling, or order of the commissioner, the same shall be annulled.
Notwithstanding any other provision of law to the contrary, a
petition for review of any such finding, determination, rule or
order, may be filed at any time before the effective date thereof. No
such finding, determination, rule, or order shall become effective
before the expiration of 20 days after notice and a copy thereof are
mailed or delivered to the person or entity affected, and any
finding, determination, rule, or order of the commissioner so
submitted for review shall not become effective for a further period
of 15 days after the petition for review is filed with the court. The
court may stay the effectiveness thereof for a longer period.
