(a) A licensee shall not, directly or indirectly, act within this state as a public insurance adjuster without having first entered into a contract, in writing, on a form approved by the insurance commissioner and executed in duplicate by the public adjuster and the insured or a duly authorized representative. One original contract shall be kept on file by the licensee, available at all times for inspection, without notice, by the commissioner or his or her duly authorized representative, and one original contract shall be given to the insured. (b) The written contract between the licensee and the insured shall contain each of the following: (1) Title of âPublic Adjuster Contract.â (2) The name, business name, license number, telephone number, and address of the licensee. (3) The name and address of the insured. (4) A description of the loss and its location, if applicable. (5) The name of the insurer and the policy number, if known. (6) The full salary, fee, commission, or other consideration the licensee is to receive for services under the contract. (7) A public adjusterâs fee, commission, or other valuable consideration shall not cause the insured to receive less than any amount paid to the insured by the insurer prior to the date of the written contract between the insured and the public adjuster. (8) A description of the services to be provided to the insured. (9) Signatures of the licensee and the insured. (10) The date the contract was signed by the licensee and the date the contract was signed by the insured. (11) The following statement: âAs a public adjuster, I am required by the California Insurance Code to post a surety bond in the sum of $20,000 to cover certain kinds of claims made by you, the insured. If you have any questions concerning the surety bond, you may contact the California Department of Insurance Licensing Hotline at 1-800-967-9331 or www.insurance.ca.gov.â (12) A statement of the compensation to the licensee, including the percentage and base to which the percentage applies. (13) A statement that the insured has the right to cancel the contract within three business days of signing it and being provided the signed contract. (c) A contract covered by this section shall not contain a contract term that does any of the following: (1) Allows the licenseeâs fee to be collected when money is due from an insurer, but not paid, or allows a licensee to collect the entire fee from the first payment issued by an insurer, rather than as a percentage of each payment issued by an insurer. (2) Requires the insured to authorize an insurer to issue a payment only in the name of the licensee. (3) Imposes late fees or collection costs on the insured. (d) A licensee shall not solicit or attempt to solicit a client for employment during a loss-producing occurrence. A loss-producing occurrence continues to exist when any of the following conditions exist at the property that is subject to solicitation: (1) Any of the circumstances that caused the loss are present at the property where the solicitation would otherwise take place. (2) Emergency responders are present at the property where the solicitation would otherwise take place. (3) An evacuation order is still in effect at the property where the solicitation would otherwise take place. (e) A licensee or any other person or entity offering, for a fee, service regulated by this chapter shall not solicit a policyholder for employment or initiate any contact with a policyholder between the hours of 6 p.m. and 8 a.m., unless requested by the policyholder. (f) A licensee shall not use any form of contract other than that approved by the commissioner and that contains each of the following: (1) A provision allowing the client to cancel the contract by written notice sent or delivered by certified mail, return receipt requested, or other form of mailing that provides proof of mailing, to the licensee by midnight of the third business day after the day on which th
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