Cal. Code Regs. tit. 10 § 2698.99

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2698.99 - Conflict-of-Interest Code for the Conservation and Liquidation Office

Insurance Code Section 1035.2 and The Political Reform Act (Government Code Section 81000, et seq.) require the California Department of Insurance ("CDI") to promulgate and adopt a conflict-of-interest code pertaining to the officers and employees of the CDI's Conservation & Liquidation Office. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict-of-interest code which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act (Government Code Sections 81000, et seq.). Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the CDI's Conservation and Liquidation Office (CLO).

Individuals holding designated positions shall file their statements of economic interests with the CLO, which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008.) Upon receipt of the statement for the Chief Executive Officer, the CLO shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the CLO.

Appendix A--Designated Positions

Designated Positions

Assigned Disclosure Category

Chief Executive Officer

1

Operations Officer

1

Chief Financial Officer

1

Vice-President Reinsurance

1

Chief Estate Trust Officer

1

Claims Officer CLO

1

Vice-President of Finance

1

Estate Trust Officer

1

Estate Trust Manager

1

Business Analyst Manager

1

All Consultants*

1

Reinsurance Manager

1

Claims Manager

1

Administration Manager

2

Executives of Conserved/Liquidated Insurance Company

Same as CLO counterpart, e.g., CFO of conserved/liquidated company is in Disclosure Category 1

_________

* With respect to consultants, the Chief Executive Officer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chief Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008.) Nothing herein excuses any such consultant from any other provision of the Conflict of Interest Code.

Disclosure Categories

Designated positions in Category 1 shall report all interests in real property in the State of California, as well as investments, business positions and sources of income, including gifts, loans and travel payments.

Designated positions in Category 2 shall report all investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the designated employee's department or area of authority.

Cal. Code Regs. Tit. 10, § 2698.99

1. New subchapter 10 (article 1), article 1 (section 2698.99) and section filed 11-4-2002; operative 12-4-2002. Approved by Fair Political Practices Commission 9-17-2002 (Register 2002, No. 45).
2. Amendment of section and Appendix filed 1-23-2006; operative 2-22-2006. Approved by Fair Political Practices Commission 11-4-2005 (Register 2006, No. 4).
3. Amendment of section and Appendix A filed 5-23-2011; operative 6-22-2011. Approved by Fair Political Practices Commission 3-2-2011 (Register 2011, No. 21).

Note: Authority cited: Section 87300, Government Code; and Section 1035.2, Insurance Code. Reference: Sections 87300- 87302 and 87306, Government Code; and California Code of Regulations, Title 2, Section 18730, et seq.

1. New subchapter 10 (article 1), article 1 (section 2698.99) and section filed 11-4-2002; operative 12-4-2002. Approved by Fair Political Practices Commission 9-17-2002 (Register 2002, No. 45).
2. Amendment of section and Appendix filed 1-23-2006; operative 2-22-2006. Approved by Fair Political Practices Commission 11-4-2005 (Register 2006, No. 4).
3. Amendment of section and Appendix A filed 5-23-2011; operative 6-22-2011. Approved by Fair Political Practices Commission 3-2-2011 (Register 2011, No. 21).