Section 2188.9 - Rescission of Provider Certification or Course Approval(a) The approval of a course may be rescinded by the Commissioner pursuant to Insurance Code Section 1749.1(d) if it is determined that course content has been significantly changed without notice to the Commissioner and the change affects the number of hours assigned to the course or makes the course ineligible for approval.(b) Provider certification may be rescinded by the Commissioner if it is determined that: (1) A certificate of completion is or was issued to any individual who is or was not entitled to the issuance of any such certificate;(2) A certificate of completion was not provided when requested by any student successfully completing the course;(3) Any grounds exist on which the Commissioner may deny a provider certification;(4) The provider has not complied with these regulations or applicable provisions of the California Insurance Code;(5) The provider has failed to exercise reasonable care in evaluating the competency, good character, and integrity of any of its instructors/subject matter experts as stated in Section 2188.1; or(6) The provider has allowed any other person or entity to use the provider's approved provider status or course approval status.(7) The provider has allowed one or more of the following:(A) Giving credit to a student who attends less than 80 percent of a continuing education course, or the student completes less than 100 percent of an approved prelicensing or online prelicensing course as stated in Sections 2188.5, 2188.5.5, 2188.6, and 2188.7(b).(B) Giving credit to a student who did not pass the written examination for a non-contact course as stated in Section 2188.6.(C) Issuing a certificate of completion that does not comply with Section 2188.8(a).(c) Reinstatement of a rescinded provider certification or course approval shall be at the discretion of the Commissioner after receipt of satisfactory proof that any conditions responsible for the rescission have been corrected, and the Insurance Commissioner has received an application for course approval, pursuant to Section 2188.2, or an application for provider certification, pursuant to Section 2188.Cal. Code Regs. Tit. 10, § 2188.9
1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
2. Amendment of section and NOTE filed 10-22-2014; operative 2-19-2015 pursuant to Government Code section 11343.4(b)(2) (Register 2014, No. 43). Note: Authority cited: Section 1749.7, Insurance Code. Reference: Sections 1749, 1749.1, 1749.3, 1749.31, 1749.33, 1749.4, 1749.5, 1749.8, 1749.85, 10113.2(b)(1)(A) and 10234.93(a)(4), Insurance Code.
1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
2. Amendment of section and Note filed 10-22-2014; operative 2/19/2015 pursuant to Government Code section 11343.4(b)(2) (Register 2014, No. 43).