12418. (a) No person shall be employed as a title marketing
representative in this state unless the person holds a valid
"certificate of registration" as a title marketing representative
issued by the commissioner pursuant to Section 12418.1.
(b) For purposes of this article, "title marketing representative"
means a natural person employed by a title insurer, underwritten
title company, or controlled escrow company whose primary duty is to
market, offer, solicit, negotiate, or sell title insurance, as
defined in Section 12340.1. A title marketing representative does not
include a person whose primary duties directly involve the creation,
production, or issuance of the title policy or the performance of
escrow services.
(c) If any person knowingly markets title insurance without having
applied for or obtained a certificate of registration pursuant to
Section 12418.1, the commissioner may issue a cease and desist order
pursuant to Section 12921.8.
12418.1. (a) A certificate of registration as a title marketing
representative shall be applied for and renewed by filing with the
commissioner a written application. The application shall be on a
form prescribed by the commissioner, and shall prescribe the
disclosure of information that will aid the commissioner in
determining whether the prerequisites for the certificate have been
met. The applicant shall certify that the contents of the application
are true and correct under penalty of perjury.
(b) Each application for a certificate of registration shall
contain the following information:
(1) The residence address, the principal business address, and the
mailing address of the applicant.
(2) A statement, signed by an officer of the business by whom the
applicant is or will be employed, certifying that the applicant will
be provided training regarding Article 6 (commencing with Section
12404) within 60 days of the hiring date or date of application.
(3) A statement, signed by the applicant, as to whether he or she
has previously had a certificate of registration revoked, suspended,
or otherwise limited under Section 12418.4.
(c) Each application to obtain or renew a certificate of
registration shall be accompanied by a filing fee in an amount
determined by the department to be sufficient to defray the
department's actual costs of processing the application, not to
exceed two hundred dollars ($200). An application shall not be deemed
filed unless it has been delivered to the department accompanied by
the proper filing fee.
(d) The commissioner may decline to act on an incomplete or
defective application until an amended application that completes the
prescribed form has been filed with the department. In the event
that the application is found to be defective or incomplete, the
department shall notify the applicant and his or her employer in
writing that the application needs to be modified and resubmitted
within 15 days of receipt of this written notification.
(e) An applicant submitting an application filed with the
department for a certificate of registration as a title marketing
representative may solicit, sell, or market title insurance, as
defined in Section 12340.1, in the interim time period preceding the
formal approval or rejection of the application, but shall be subject
to the same compliance requirements as a holder of an approved
certificate of registration. An applicant with a pending application
shall be deemed to be operating on a provisional basis.
(f) In the event that the title marketing representative's
employment with a title company is terminated, the title company
formerly employing the title marketing representative shall notify
the department within 30 days of the termination. If the title
marketing representative becomes employed by another title company as
a title marketing representative, the new employer shall notify the
department of the title marketing representative's new employment
within 30 days of the commencement of that employment.
(g) An applicant who has previously had a certificate of
registration revoked, suspended, or otherwise limited under
subdivision (d) of Section 12418.4 may not sell, solicit, or market
title insurance during the interim period described in subdivision
(e).
12418.2. (a) An applicant or holder of a certificate of
registration as a title marketing representative is not required to
pass a qualifying examination, and is exempt from prelicensing and
continuing education requirements, except as specified in paragraph
(2) of subdivision (b) of Section 12418.1.
(b) Upon the filing of an application for the issuance or renewal
of a certificate of registration, the commissioner may conduct an
investigation, during the interim period set forth in subdivision (e)
of Section 12418.1, to determine if the applicant shall be granted
the certificate of registration by virtue of prior conduct in the
marketing of policies of title insurance and to verify the accuracy
of the information submitted by the applicant to the department and
may require the filing of any supplementary documents, affidavits,
and statements that may be necessary to determine whether training
specified in paragraph (2) of subdivision (b) of Section 12418.1 has
been, or will be, provided to the applicant within the time period
set forth in Section 12418.1. Should the commissioner decline to
approve the granting of a certificate of registration, the procedure
set forth in subdivision (c) of Section 12418.4 shall apply.
12418.3. (a) Each certificate of registration issued under this
article shall be for a three-year period beginning on the date the
certificate is issued.
(b) Not less than 60 days before a certificate of registration
will expire, the commissioner may mail or use an electronic delivery
method, including e-mail or other similar electronic method, to
deliver an application to renew the certificate to the latest e-mail
or mailing address appearing on the registrant's records. It shall be
the responsibility of the registrant to renew his or her
certificate, whether or not a renewal notice is received.
(c) The application for renewal of an expired certificate of
registration may be filed after the expiration date and until the
same month and day of the next succeeding year. In addition to the
fee for a renewal application, a delinquent application fee in the
amount of fifty dollars ($50) shall be assessed for each application
for renewal filed after the expiration date. Each registrant shall be
subject to payment of delinquent application fees under this
subdivision. The commissioner may waive the delinquent application
fee, or accept a renewal filed after the date specified in this
subdivision, if the registrant's failure to comply is due to clerical
or other inadvertent error on the part of the department.
12418.4. (a) The provisions set forth in Sections 1667, 1668, 1669,
1670, 1738, 1738.5, 1743, and in Article 6 (commencing with Section
12404), shall apply to all applicants or holders of a certificate of
registration issued pursuant to this article.
(b) The department may revoke, suspend, restrict, or decline to
issue a certificate of registration if it determines that the title
marketing representative or applicant has violated provisions of
Article 6 (commencing with Section 12404) pursuant to the due process
and hearing requirements set forth in subdivision (c).
(c) Except as provided in Section 1669, a certificate of
registration shall not be denied, restricted, suspended, or revoked
without a hearing conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(d) In addition to, or in lieu of, any other penalty that may be
imposed under this article against a title marketing representative,
the commissioner may bring an administrative action against a title
marketing representative for any violation of the provisions of
Article 6 (commencing with Section 12404). If a title marketing
representative charged with a violation of Article 6 (commencing with
Section 12404) is determined by the commissioner to have committed
the violation, the commissioner may require the surrender of,
temporarily suspend or revoke either permanently or temporarily the
title marketing representative's certificate of registration, and, in
addition, may impose a monetary penalty. Any payment of a monetary
penalty pursuant to a settlement or final adjudication shall be made
from the title marketing representative's personal funds and not by
his or her employer either directly or through the title marketing
representative. This article shall not preclude an action against a
company that had actual knowledge of the violation by the title
marketing representative. A title marketing representative who is
issued a certificate of registration under this article may not
engage in any activity that is otherwise prohibited through a
separate entity controlled by the title marketing representative or
by the company or entity that employs him or her.
(e) A title marketing representative who has his or her
certificate of registration revoked by the department shall not be
permitted to reapply for another certificate of registration with the
department for five years from the date of revocation.
12418. (a) No person shall be employed as a title marketing
representative in this state unless the person holds a valid
"certificate of registration" as a title marketing representative
issued by the commissioner pursuant to Section 12418.1.
(b) For purposes of this article, "title marketing representative"
means a natural person employed by a title insurer, underwritten
title company, or controlled escrow company whose primary duty is to
market, offer, solicit, negotiate, or sell title insurance, as
defined in Section 12340.1. A title marketing representative does not
include a person whose primary duties directly involve the creation,
production, or issuance of the title policy or the performance of
escrow services.
(c) If any person knowingly markets title insurance without having
applied for or obtained a certificate of registration pursuant to
Section 12418.1, the commissioner may issue a cease and desist order
pursuant to Section 12921.8.
12418.1. (a) A certificate of registration as a title marketing
representative shall be applied for and renewed by filing with the
commissioner a written application. The application shall be on a
form prescribed by the commissioner, and shall prescribe the
disclosure of information that will aid the commissioner in
determining whether the prerequisites for the certificate have been
met. The applicant shall certify that the contents of the application
are true and correct under penalty of perjury.
(b) Each application for a certificate of registration shall
contain the following information:
(1) The residence address, the principal business address, and the
mailing address of the applicant.
(2) A statement, signed by an officer of the business by whom the
applicant is or will be employed, certifying that the applicant will
be provided training regarding Article 6 (commencing with Section
12404) within 60 days of the hiring date or date of application.
(3) A statement, signed by the applicant, as to whether he or she
has previously had a certificate of registration revoked, suspended,
or otherwise limited under Section 12418.4.
(c) Each application to obtain or renew a certificate of
registration shall be accompanied by a filing fee in an amount
determined by the department to be sufficient to defray the
department's actual costs of processing the application, not to
exceed two hundred dollars ($200). An application shall not be deemed
filed unless it has been delivered to the department accompanied by
the proper filing fee.
(d) The commissioner may decline to act on an incomplete or
defective application until an amended application that completes the
prescribed form has been filed with the department. In the event
that the application is found to be defective or incomplete, the
department shall notify the applicant and his or her employer in
writing that the application needs to be modified and resubmitted
within 15 days of receipt of this written notification.
(e) An applicant submitting an application filed with the
department for a certificate of registration as a title marketing
representative may solicit, sell, or market title insurance, as
defined in Section 12340.1, in the interim time period preceding the
formal approval or rejection of the application, but shall be subject
to the same compliance requirements as a holder of an approved
certificate of registration. An applicant with a pending application
shall be deemed to be operating on a provisional basis.
(f) In the event that the title marketing representative's
employment with a title company is terminated, the title company
formerly employing the title marketing representative shall notify
the department within 30 days of the termination. If the title
marketing representative becomes employed by another title company as
a title marketing representative, the new employer shall notify the
department of the title marketing representative's new employment
within 30 days of the commencement of that employment.
(g) An applicant who has previously had a certificate of
registration revoked, suspended, or otherwise limited under
subdivision (d) of Section 12418.4 may not sell, solicit, or market
title insurance during the interim period described in subdivision
(e).
12418.2. (a) An applicant or holder of a certificate of
registration as a title marketing representative is not required to
pass a qualifying examination, and is exempt from prelicensing and
continuing education requirements, except as specified in paragraph
(2) of subdivision (b) of Section 12418.1.
(b) Upon the filing of an application for the issuance or renewal
of a certificate of registration, the commissioner may conduct an
investigation, during the interim period set forth in subdivision (e)
of Section 12418.1, to determine if the applicant shall be granted
the certificate of registration by virtue of prior conduct in the
marketing of policies of title insurance and to verify the accuracy
of the information submitted by the applicant to the department and
may require the filing of any supplementary documents, affidavits,
and statements that may be necessary to determine whether training
specified in paragraph (2) of subdivision (b) of Section 12418.1 has
been, or will be, provided to the applicant within the time period
set forth in Section 12418.1. Should the commissioner decline to
approve the granting of a certificate of registration, the procedure
set forth in subdivision (c) of Section 12418.4 shall apply.
12418.3. (a) Each certificate of registration issued under this
article shall be for a three-year period beginning on the date the
certificate is issued.
(b) Not less than 60 days before a certificate of registration
will expire, the commissioner may mail or use an electronic delivery
method, including e-mail or other similar electronic method, to
deliver an application to renew the certificate to the latest e-mail
or mailing address appearing on the registrant's records. It shall be
the responsibility of the registrant to renew his or her
certificate, whether or not a renewal notice is received.
(c) The application for renewal of an expired certificate of
registration may be filed after the expiration date and until the
same month and day of the next succeeding year. In addition to the
fee for a renewal application, a delinquent application fee in the
amount of fifty dollars ($50) shall be assessed for each application
for renewal filed after the expiration date. Each registrant shall be
subject to payment of delinquent application fees under this
subdivision. The commissioner may waive the delinquent application
fee, or accept a renewal filed after the date specified in this
subdivision, if the registrant's failure to comply is due to clerical
or other inadvertent error on the part of the department.
12418.4. (a) The provisions set forth in Sections 1667, 1668, 1669,
1670, 1738, 1738.5, 1743, and in Article 6 (commencing with Section
12404), shall apply to all applicants or holders of a certificate of
registration issued pursuant to this article.
(b) The department may revoke, suspend, restrict, or decline to
issue a certificate of registration if it determines that the title
marketing representative or applicant has violated provisions of
Article 6 (commencing with Section 12404) pursuant to the due process
and hearing requirements set forth in subdivision (c).
(c) Except as provided in Section 1669, a certificate of
registration shall not be denied, restricted, suspended, or revoked
without a hearing conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(d) In addition to, or in lieu of, any other penalty that may be
imposed under this article against a title marketing representative,
the commissioner may bring an administrative action against a title
marketing representative for any violation of the provisions of
Article 6 (commencing with Section 12404). If a title marketing
representative charged with a violation of Article 6 (commencing with
Section 12404) is determined by the commissioner to have committed
the violation, the commissioner may require the surrender of,
temporarily suspend or revoke either permanently or temporarily the
title marketing representative's certificate of registration, and, in
addition, may impose a monetary penalty. Any payment of a monetary
penalty pursuant to a settlement or final adjudication shall be made
from the title marketing representative's personal funds and not by
his or her employer either directly or through the title marketing
representative. This article shall not preclude an action against a
company that had actual knowledge of the violation by the title
marketing representative. A title marketing representative who is
issued a certificate of registration under this article may not
engage in any activity that is otherwise prohibited through a
separate entity controlled by the title marketing representative or
by the company or entity that employs him or her.
(e) A title marketing representative who has his or her
certificate of registration revoked by the department shall not be
permitted to reapply for another certificate of registration with the
department for five years from the date of revocation.
12418. (a) No person shall be employed as a title marketing
representative in this state unless the person holds a valid
"certificate of registration" as a title marketing representative
issued by the commissioner pursuant to Section 12418.1.
(b) For purposes of this article, "title marketing representative"
means a natural person employed by a title insurer, underwritten
title company, or controlled escrow company whose primary duty is to
market, offer, solicit, negotiate, or sell title insurance, as
defined in Section 12340.1. A title marketing representative does not
include a person whose primary duties directly involve the creation,
production, or issuance of the title policy or the performance of
escrow services.
(c) If any person knowingly markets title insurance without having
applied for or obtained a certificate of registration pursuant to
Section 12418.1, the commissioner may issue a cease and desist order
pursuant to Section 12921.8.
12418.1. (a) A certificate of registration as a title marketing
representative shall be applied for and renewed by filing with the
commissioner a written application. The application shall be on a
form prescribed by the commissioner, and shall prescribe the
disclosure of information that will aid the commissioner in
determining whether the prerequisites for the certificate have been
met. The applicant shall certify that the contents of the application
are true and correct under penalty of perjury.
(b) Each application for a certificate of registration shall
contain the following information:
(1) The residence address, the principal business address, and the
mailing address of the applicant.
(2) A statement, signed by an officer of the business by whom the
applicant is or will be employed, certifying that the applicant will
be provided training regarding Article 6 (commencing with Section
12404) within 60 days of the hiring date or date of application.
(3) A statement, signed by the applicant, as to whether he or she
has previously had a certificate of registration revoked, suspended,
or otherwise limited under Section 12418.4.
(c) Each application to obtain or renew a certificate of
registration shall be accompanied by a filing fee in an amount
determined by the department to be sufficient to defray the
department's actual costs of processing the application, not to
exceed two hundred dollars ($200). An application shall not be deemed
filed unless it has been delivered to the department accompanied by
the proper filing fee.
(d) The commissioner may decline to act on an incomplete or
defective application until an amended application that completes the
prescribed form has been filed with the department. In the event
that the application is found to be defective or incomplete, the
department shall notify the applicant and his or her employer in
writing that the application needs to be modified and resubmitted
within 15 days of receipt of this written notification.
(e) An applicant submitting an application filed with the
department for a certificate of registration as a title marketing
representative may solicit, sell, or market title insurance, as
defined in Section 12340.1, in the interim time period preceding the
formal approval or rejection of the application, but shall be subject
to the same compliance requirements as a holder of an approved
certificate of registration. An applicant with a pending application
shall be deemed to be operating on a provisional basis.
(f) In the event that the title marketing representative's
employment with a title company is terminated, the title company
formerly employing the title marketing representative shall notify
the department within 30 days of the termination. If the title
marketing representative becomes employed by another title company as
a title marketing representative, the new employer shall notify the
department of the title marketing representative's new employment
within 30 days of the commencement of that employment.
(g) An applicant who has previously had a certificate of
registration revoked, suspended, or otherwise limited under
subdivision (d) of Section 12418.4 may not sell, solicit, or market
title insurance during the interim period described in subdivision
(e).
12418.2. (a) An applicant or holder of a certificate of
registration as a title marketing representative is not required to
pass a qualifying examination, and is exempt from prelicensing and
continuing education requirements, except as specified in paragraph
(2) of subdivision (b) of Section 12418.1.
(b) Upon the filing of an application for the issuance or renewal
of a certificate of registration, the commissioner may conduct an
investigation, during the interim period set forth in subdivision (e)
of Section 12418.1, to determine if the applicant shall be granted
the certificate of registration by virtue of prior conduct in the
marketing of policies of title insurance and to verify the accuracy
of the information submitted by the applicant to the department and
may require the filing of any supplementary documents, affidavits,
and statements that may be necessary to determine whether training
specified in paragraph (2) of subdivision (b) of Section 12418.1 has
been, or will be, provided to the applicant within the time period
set forth in Section 12418.1. Should the commissioner decline to
approve the granting of a certificate of registration, the procedure
set forth in subdivision (c) of Section 12418.4 shall apply.
12418.3. (a) Each certificate of registration issued under this
article shall be for a three-year period beginning on the date the
certificate is issued.
(b) Not less than 60 days before a certificate of registration
will expire, the commissioner may mail or use an electronic delivery
method, including e-mail or other similar electronic method, to
deliver an application to renew the certificate to the latest e-mail
or mailing address appearing on the registrant's records. It shall be
the responsibility of the registrant to renew his or her
certificate, whether or not a renewal notice is received.
(c) The application for renewal of an expired certificate of
registration may be filed after the expiration date and until the
same month and day of the next succeeding year. In addition to the
fee for a renewal application, a delinquent application fee in the
amount of fifty dollars ($50) shall be assessed for each application
for renewal filed after the expiration date. Each registrant shall be
subject to payment of delinquent application fees under this
subdivision. The commissioner may waive the delinquent application
fee, or accept a renewal filed after the date specified in this
subdivision, if the registrant's failure to comply is due to clerical
or other inadvertent error on the part of the department.
12418.4. (a) The provisions set forth in Sections 1667, 1668, 1669,
1670, 1738, 1738.5, 1743, and in Article 6 (commencing with Section
12404), shall apply to all applicants or holders of a certificate of
registration issued pursuant to this article.
(b) The department may revoke, suspend, restrict, or decline to
issue a certificate of registration if it determines that the title
marketing representative or applicant has violated provisions of
Article 6 (commencing with Section 12404) pursuant to the due process
and hearing requirements set forth in subdivision (c).
(c) Except as provided in Section 1669, a certificate of
registration shall not be denied, restricted, suspended, or revoked
without a hearing conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(d) In addition to, or in lieu of, any other penalty that may be
imposed under this article against a title marketing representative,
the commissioner may bring an administrative action against a title
marketing representative for any violation of the provisions of
Article 6 (commencing with Section 12404). If a title marketing
representative charged with a violation of Article 6 (commencing with
Section 12404) is determined by the commissioner to have committed
the violation, the commissioner may require the surrender of,
temporarily suspend or revoke either permanently or temporarily the
title marketing representative's certificate of registration, and, in
addition, may impose a monetary penalty. Any payment of a monetary
penalty pursuant to a settlement or final adjudication shall be made
from the title marketing representative's personal funds and not by
his or her employer either directly or through the title marketing
representative. This article shall not preclude an action against a
company that had actual knowledge of the violation by the title
marketing representative. A title marketing representative who is
issued a certificate of registration under this article may not
engage in any activity that is otherwise prohibited through a
separate entity controlled by the title marketing representative or
by the company or entity that employs him or her.
(e) A title marketing representative who has his or her
certificate of registration revoked by the department shall not be
permitted to reapply for another certificate of registration with the
department for five years from the date of revocation.
