Ins. Code, § 12921.8 · Article 1. Generally
Ins. Code, § 12921.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The commissioner may do the following:
(1) Issue a cease and desist order to a person who has acted in a capacity for which a license, registration, or certificate of authority from the commissioner was required but not possessed.
(2) Issue a cease and desist order to a person who has aided or abetted a person described in paragraph (1).
(3) Impose a monetary penalty, pursuant to an order to show cause, on a person described in paragraph (1) or (2). The monetary penalty shall be the greater of the following:
(A) Five times the amount of money received by the person for acting in the capacity for which the license, registration, or certificate of authority was required but not possessed.
(B) Five thousand dollars ($5,000) for each day the person acted in the capacity for which the license, registration, or certificate of authority was required but not possessed. In the absence of contrary evidence, it shall be presumed that a person continuously acted in a capacity for which a license, registration, or certificate of authority was required on each day from the date of the earliest such act until the date those acts were discontinued, as proven by the person at a hearing.
(b) A person to whom a cease and desist order or order to show cause has been issued, may, within seven days after service of the order, if a hearing has not already been scheduled by the commissioner, request a hearing by filing a request for the hearing with the commissioner. The hearing shall be conducted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and 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.
(c) A person who has a hearing pursuant to subdivision (b) shall be entitled to have the proceedings and the order of the commissioner reviewed by means of any remedy provided by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 204, Sec. 17. (AB 1140) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=12921.8.
- Text hash
- sha256 a622454a2f91eb0f48ef3c062b1c792ca0f533c748d2b917efdff142b5145ff3
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, tit. 2, div. 3, pt. 1, ch. 3.5Administrative Regulations and RulemakingPrinted as Chapter 3.5 (commencing with Section 11340) … of the Government Code
- Gov. Code, tit. 2, div. 3, pt. 1, ch. 4Office of Administrative HearingsPrinted as Chapter 4 (commencing with Section 11370) … of the Government Code
- Gov. Code, tit. 2, div. 3, pt. 1, ch. 4.5Administrative Adjudication: General ProvisionsPrinted as Chapter 4.5 (commencing with Section 11400) … of the Government Code
- Gov. Code, tit. 2, div. 3, pt. 1, ch. 5Administrative Adjudication: Formal HearingPrinted as Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code
Cited by 12 provisions
Provisions in this library whose text cites Ins. Code, § 12921.8. Each shows the citation as that text prints it.
Business and Professions Code
Insurance Code
- Ins. Code, § 116.6Printed as Section 12921.8
- Ins. Code, § 787.1Printed as Section 12921.8
- Ins. Code, § 1738.5Printed as Section 1668, 1668.5, 1738, 1739, or 12921.8
- Ins. Code, § 1754Printed as Section 12921.8
- Ins. Code, § 1758.65Printed as Section 12921.8
- Ins. Code, § 1758.67Printed as Section 12921.8
- Ins. Code, § 1758.74Printed as Section 12921.8
- Ins. Code, § 1758.84Printed as Section 12921.8
- Ins. Code, § 1758.95Printed as Section 12921.8
- Ins. Code, § 12418Printed as Section 12921.8
- Ins. Code, § 12845Printed as Section 12921.8
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.