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California Insurance Code Section 12921

Legal Research Home > California Laws > Insurance Code > California Insurance Code Section 12921

(a) The commissioner shall perform all duties imposed upon
him or her by the provisions of this code and other laws regulating
the business of insurance in this state, and shall enforce the
execution of those provisions and laws.
   (b) In an administrative action to enforce the provisions of this
code and other laws regulating the business of insurance in this
state, any settlement is subject to all of the following:
   (1) The commissioner may delegate the power to negotiate the terms
and conditions of a settlement but the commissioner may not delegate
the power to approve the settlement.
   (2) Unless specifically provided for in a provision of this code,
the commissioner may not agree to any of the following:
   (A) That the respondent contribute, deposit, or transfer any
moneys or other resources to a nonprofit entity.
   (B) That a respondent contribute, deposit, or transfer any fine,
penalty, assessment, cost, or fee except to the commissioner for
deposit in the appropriate state fund pursuant to Section 12975.7.
   (C) That the commissioner may or shall direct the transfer,
distribution, or payment to another person or entity of any fine,
penalty, assessment, cost, or fee.
   (D) The use of the commissioner's name, likeness, or voice in any
printed material or audio or visual medium, either for general
distribution or for distribution to specific recipients.
   (3) The commissioner may only agree to payment to those persons or
entities to whom payment may be due because of the respondent's
violation of a provision of this code or other law regulating the
business of insurance in this state.
   (4) A settlement may only include the sanctions provided by this
code or other laws regulating the business of insurance in this
state, except that the settlement may include attorney's fees, costs
of the department in bringing the enforcement action, and future
costs of the department to ensure compliance with the settlement
agreement.
    (c) Notwithstanding any other provision of law, the commissioner
may accept documents submitted for filing or approval, process
transactions, and maintain records in electronic form or as paper
documents, and may adopt regulations to further this subdivision.

Last modified: February 13, 2012