Section 2186.1 - DefinitionsFor purposes of these regulations:
(a) "Approved course" (course) means a course for which the Commissioner has granted his written approval. The Commissioner reserves the right to reduce the hours requested if the course fails to meet all of the criteria set forth in these regulations.(b) "Certified provider" (provider) may be any institution or organization as described in Section 1749.4 of the California Insurance Code, including an authorized insurer, recognized agents' association or insurance trade association, and any accredited college, or university, or any other person or entity offering classes, courses, seminars, programs and non-contact courses in insurance intended to satisfy the requirements of Sections 1749, 1749.3, 1749.31, 1749.32, 1749.33, 1749.8, 1749.85, 10113.2(b)(1)(A), and 10234.93(a)(4) of the California Insurance Code who or which has been determined by the Commissioner to have met the requirements of Section 2188.(c) "Classroom" means: (1) Any space sufficiently designed so that instructor(s)/subject matter expert(s) and students can communicate with a high degree of privacy and relative freedom from outside interference; or(2) For continuing education courses only, classroom may include teleconferences with audio and/or visual interface, Internet webinar, or other electronic devices used to accommodate technological changes.(d) "Controlling person" means any of the following persons within a provider organization possessing decision making authority in matters pertaining to prelicensing and/or continuing education: a provider director, partner, corporate director, officer, shareholder owning a ten percent (10%) or more interest in the organization, or other person with decision making authority.(e) "Course" means any program of instruction, as defined in these regulations, taken or given to satisfy the requirements of Sections 1749, 1749.3, 1749.31, 1749.32, 1749.33, 1749.4, 1749.5, 1749.8, 1749.85, 10113.2(b)(1)(A), and 10234.93(a)(4) of the California Insurance Code as follows: (1) A "contact course" includes the following:(A) A "class" presentation for prelicensing or continuing education;(B) A prelicensing classroom course presentation to be conducted in a classroom with attendance monitored by instructor/subject matter expert;(C) A live continuing education classroom presentation with monitored attendance may include a seminar, workshop, conference, lecture, webinar, or teleconference;(D) An "interactive continuing education course" that allows for an agent or broker and the instructor/subject matter expert to exchange information using technological mediums such as webinar, web conference or other similar technology designed for the exchange of information electronically.(2) A "non-contact course" includes the following: (A) An "online prelicensing course" that is delivered to and taken by a student using computer-based technology with a connection to a host home or office computer, the Internet, or other computer-based technology and shall include, but is not limited to, the following:1. "Participatory Activities" that include regular inquiry periods and/or activities designed to test the student's subject matter knowledge of a completed chapter or section in order to assess the student's progress and provide feedback on areas requiring further study. Participatory activities may include, but are not limited to, live interchanges such as polling, instant surveys, public/private/moderated text chat, and open floor audio chats; and,2. "Inquiry Periods" that provide an interval in which the student actively participates in the online course by responding to questions or, in the case of incorrect responses to questions, by searching the online course material to review previously presented material and answer questions correctly in order to progress through the online prelicensing course;(B) A "self-directed continuing education course" is designed for individual study by a student with no assistance from other students or an instructor/subject matter expert in completing the course or the examination. Specifically, the self-directed continuing education course is not an interactive continuing education course. The self-directed course utilizes study material in hardcopy or downloadable portable document format (pdf) textbook, eBook, video or video file, audio file, compact diskette (CD), digital versatile disc (DVD), or other data storage devices such as on a personal computer, electronic tablet or smart phone or a Universal Serial Bus (USB) FLASH drive. 1. The course materials in electronic format such as on pdf, EBook, audio file or a video file may be downloaded from the Internet. The final examination may be completed via online or hardcopy. The provider must demonstrate that reasonable measures have been taken to prevent student access to the course examination before review of the course material.2. The hardcopy textbook, video, audio file, compact diskette (CD), digital versatile disc (DVD) or other data storage media may be delivered using U.S. postal services, express mail, or other home or office delivery methods. To insure the integrity of the examination, the examination for this course must be delivered separately from the course and only after enrollment in the course.(C) An "online continuing education course" is a non-contact course that the student takes and completes over the Internet and must meet the requirements of Section 2188.2(k). This type of course does not include any of the courses included in the definition of a self-directed continuing education course specified in Section 2186.1(e)(2)(B). To ensure the integrity of the examination, the examination for an online continuing education course must be provided on a separate link over the Internet and only after enrolling in and completing the course.
(3) A "combination course" includes both non-contact and contact continuing education course requirements to total a minimum of three (3) continuing education hours. It is mandatory for the student to complete the non-contact portion prior to completing the contact portion of the course. Successful completion shall be determined by the provider in the same manner as described in Section 2188.6.(f) "Curriculum" is a statement describing the general content required in a course of study to satisfy the requirements of Sections 1749 et seq., 10113.2(b)(1)(A) and 10234.93(a)(4) of the California Insurance Code. Each curriculum is approved by the Curriculum Board and the Commissioner.(g) "Electronic filing" is the method by which the provider submits the course rosters and class presentation schedules. The electronic filing methods include, but are not limited to, the Commissioner's website, electronic flat file (e.g. ASCII, comma-spaced values (CSV)), diskette, compact diskette (CD), or digital versatile disc (DVD).(h) "Electronic signature" means verification from the student via an electronic method attesting that they completed both the course and the course examination. As stated in Section 2188.2(j), examples of an electronic method are Internet log-in or a completed enrollment form that is scanned and emailed.(i) "Experience" includes, but is not limited to, employment as a writer, editor, teacher, insurance underwriter or employee of an insurance producer, insurance company or other segment of the insurance industry performing duties related to the topic subject matter.(j) "Instructor/Subject Matter Expert" means: (1) For a contact course, a person who conveys curricular content to students on behalf of a provider and who possesses the required experience as stated in Section 2188.1 of these regulations;(2) For a non-contact course, a person who is assigned by the provider to respond to student questions and who possesses the required experience as stated in Section 2188.1 of these regulations. In addition to the above requirements, for online prelicensing courses, said person shall be available by telephone or email within one business day, excluding state holidays, to respond to student questions. Questions asked during weekends shall be answered by the close of business on the following Monday. Technical questions regarding course requirements and materials may be responded to by staff of the provider.(k) "Original signature" means the provider director's actual signature. Original signatures are required on all provider applications, as well as on each Form LIC 446-40 (Prelicensing/Continuing Education Program Out-of-State Provider Jurisdiction Agreement), Form LIC 446-32 (Prelicensing and Continuing Education Provider Stipulation to Maintain Records Outside of California), and Form LIC 446-4 (Prelicensing/Continuing Education Program Instructor/Subject Matter Expert Qualification), as set forth in Section 2188.50. When such forms are available to be submitted online, the provider director will be required to attest, by indicating through a checkmark or computer generated signature, that all information provided on the forms are true and accurate. A provider director may utilize a controlled signature stamp, a computer generated signature, or appoint an authorized designee for purposes of signing any other forms. Prior to using either a signature stamp or a computer generated signature, the provider director must submit to the Commissioner a thorough explanation of the steps the provider director has taken to ensure the security of either the stamp or computer facsimile. Prior to utilizing an authorized designee, the provider director must submit to the Commissioner a list of the names of the persons so authorized, along with a sample of each person's signature.
(l) "Provider director" means the individual within a provider organization with responsibility for the administration of the programs approved by the Commissioner pursuant to Sections 1749, 1749.3, 1749.31, 1749.32, 1749.33, 1749.8, 1749.85, 10113.2(b)(1)(A), and 10234.93(a)(4) of the California Insurance Code.(m) "Student" means: (1) An individual taking a prelicensing education course that is required as a prerequisite to obtaining a life-only agent, accident and health insurance agent, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent license pursuant to Section 1749 of the California Insurance Code or upgrade from personal lines broker-agent to a property broker-agent and casualty broker-agent pursuant to Section 1625.5(c) of the California Insurance Code; or,(2) An individual taking a continuing education course to satisfy the requirements of Sections 1749.3, 1749.31, 1749.32, 1749.33, 1749.4, 1749.8, 1749.85, 10113.2(b)(1)(A), and 10234.93(a)(4), Insurance Code.(n) "Enroll" means an individual signing up for a prelicensing or continuing education course by providing sufficient personal information to allow the education provider to identify the student.Cal. Code Regs. Tit. 10, § 2186.1
1. New section filed 4-15-93; operative 5-17-93 (Register 93, No. 16).
2. Repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
3. Amendment of section heading and amendment of subsection (f)(1) filed 6-13-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-13-2001 order transmitted to OAL 4-19-2002 and filed 6-3-2002 (Register 2002, No. 23).
5. Amendment of section and NOTE filed 5-25-2006; operative 6-24-2006 (Register 2006, No. 21).
6. Amendment of section and NOTE filed 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
7. 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, 1749.32, 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 4-15-93; operative 5-17-93 (Register 93, No. 16).
2. Repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
3. Amendment of section heading and amendment of subsection (f)(1) filed 6-13-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-13-2001 order transmitted to OAL 4-19-2002 and filed 6-3-2002 (Register 2002, No. 23).
5. Amendment of section and Note filed 5-25-2006; operative 6-24-2006 (Register 2006, No. 21).
6. Amendment of section and Note filed 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
7. 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)