Thank you for your reply.
My major concern is that I was disqualified under Section 1257a. Section 1257a mentions fraud even though it is not a charge of fraud and mentions that I willfully made false statements.
As you know from my previous coorespondence, as soon as I discovered my error I reported it to the EDD.
My main concern is not repayment of the money. My main concern is how this information is made public and will it affect my license with the California Department of Insurance?
I am considering the following alternatives:
1) Not to appeal and repay monies paid to me plus any penalties
2) Appeal decision because I know I did not willfully withhold information or commit fraud.
If I choose not to appeal, how is this communicated as public information on my record?
If I choose to appeal the decision and lose, how is this communicated as public information on my record?
My insurance license comes up for renewal on 7/31/12. Please see the questions below that are asked on my renewal. Question number #2 refers to administrative disciplinary action. Is this considered administrative disciiplinary action in regards XXXXX XXXXX insurance license ?
Have you been convicted of a crime which has not been previously reported to the California Department of Insurance? Yes No
"Crime" includes a felony, a misdemeanor or a military offense. "Convicted" includes, but is not limited to, having been found guilty by a verdict of a judge or jury, having entered a plea of nolo contendere, no contest, having had any charge expunged, dismissed or plea withdrawn pursuant to Penal Code 1203.4, or having been given probation, a suspended sentence or a fine. You may exclude traffic citations and juvenile offenses tried in juvenile court. You should answer "yes" if you have been convicted of a felony or a misdemeanor including driving offenses such as, but not limited to, reckless driving, driving under the influence and driving with a suspended license, whether or not you spent any time in jail, and whether or not you believe the conviction has been removed from your record.
2. Have you been involved in any administrative disciplinary action which has not been previously reported to the California Department
of Insurance? Yes No
"Involved" means having a license censured, suspended, revoked, canceled, terminated or, being assessed a fine, placed on probation or surrendering a license to resolve an administrative action. "Involved" also means being named as a party to an administrative or arbitration proceeding, which is related to a professional or occupational license. "Involved" also means having a license application denied or the act of withdrawing an application to avoid a denial. Include any business so named because of your actions in your capacity as an owner, partner, officer, director, or member or manager of a Limited Liability Company. You may exclude terminations due solely to noncompliance with continuing education requirements or failure to pay a renewal fee.
The California Department of Insurance website also refers to Section 1729, which is a change in background information and states the following:
"Background information" means any of the following: a misdemeanor or felony conviction; a filing of felony criminal charges in state or federal court; an administrative action regarding a professional or occupational license; any licensee's discharge or attempt to discharge, in a personal or organizational bankruptcy proceeding, an obligation regarding any insurance premiums or fiduciary funds owed to any company, including a premium finance company, or managing general agent; and any admission, or judicial finding or determination, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary duty.
Does my situation apply here?
Thank you again.