Cal. Code Regs. tit. 10 § 2105.7

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2105.7 - Maintenance of Records
(a) A provider must maintain Prelicensing/Continuing Education Program Instructor Qualification Forms for each instructor.
(b) A provider must maintain records of registration for students attending approved courses. A provider must maintain address information and telephone numbers for each student of a prelicensing education course.
(c) For classroom courses, a provider must complete and maintain a daily attendance record, showing whether each student attended at the beginning and end of each class session. The attendance record must be on the Prelicensing/Continuing Education Program Course Attendance Record and Verification Form, which appears as section 2105.17, or on a form approved by the Department that contains the following minimum provisions:
(1) For prelicensing courses, the name, signature, and all or part of the social security number of the student as required by the Department. For continuing education courses, the name, original or electronic signature, and insurance license number of the student;
(2) provider name and approval number;
(3) course title and approval number;
(4) date and location of the class;
(5) the beginning and ending time of the session, and the time-in and time-out of each student.
(d) Provider records must be maintained for five (5) years and must be made immediately available to the Department for inspection and copying upon request. All provider records must be maintained at a location within this State unless a Prelicensing and Continuing Education Provider Stipulation to Maintain Records Outside of California, which appears as section 2105.18, has been submitted to and accepted in writing by the Department.
(e) A provider must maintain sufficient records to allow an accurate and reliable audit of all fees collected from and refunded to students for prelicensing and continuing education courses. These records must include, but are not limited to, bank statements, ledgers, journals, receipt books, invoices and checks.
(f) A provider must maintain for at least two (2) years a copy of each advertisement and solicitation that refers to a prelicensing or continuing education course. Upon good cause, the Department may require a particular provider to retain copies for a longer period.
(g) For a correspondence course, a provider must maintain a declaration signed by each student under penalty of perjury, under the laws of the State of California, declaring that the student was engaged with the course material for the entirety of the prescribed time.
(h) For an Internet course, a provider must maintain a description of the measures taken to ensure that students are actively engaged in the course material for the entirety of the prescribed time.
(i) A provider must employ all reasonable means to maintain personal information of students in a secure and confidential manner.

Cal. Code Regs. Tit. 10, § 2105.7

1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34).

Note: Authority cited: Section 1812, Insurance Code. Reference: Section 1810.7, Insurance Code.

1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34).