California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.8 - Review of Rates › Article 6 - Procedures for Determination of Rates › Section 2646.1 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except under
				  extraordinary circumstances, as found by the Commissioner or administrative law
				  judge, direct testimony shall be given in writing and shall not be delivered
				  orally. Where a party has shown that the purposes of the Administrative
				  Procedure Act, Government Code section
				  11500 et
				  seq., would be frustrated by requiring it to provide a witness' testimony in
				  writing, that witness shall be permitted to give that witness' direct testimony
				  orally.
(b) The Commissioner or
				  administrative law judge may limit the time for oral examination, may curtail
				  repetitive arguments, and may require persons representing common positions to
				  coordinate their presentations and to designate a common representative. In the
				  interest of time, and consistent with the Administrative Procedure Act,
				  Government Code section
				  11500 et
				  seq., the Commissioner or administrative law judge may require matters to be
				  submitted in writing in lieu of oral proceedings. Where necessary to a timely
				  decision, the Commissioner or administrative law judge may direct that oral
				  examination of witnesses be conducted by deposition and introduced in the
				  record in writing, subject to the objections of all parties.
(c) Any order to expedite proceedings, such
				  as by simultaneous examination of witnesses by deposition rather than in the
				  hearing, shall not be entered without first giving due consideration to the
				  effects on parties that may lack the resources to participate on such an
				  expedited basis.
1. New
					 section filed 8-13-91 as an emergency; operative 8-13-91 (Register 92, No. 3).
					 A Certificate of Compliance must be transmitted to OAL 12-11-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 92, No. 15).
3. New section refiled 2-14-92 as an
					 emergency; operative 2-14-92 (Register 92, No. 15). A Certificate of Compliance
					 must be transmittted to OAL 6-15-92 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 and new section filed 3-15-95; operative 3-15-95. Submitted to OAL for printing
					 only pursuant to Government Code section
					 11343(a)(1)
					 (Register 95, No. 11).
5. Change without regulatory effect amending
					 subsection (a) filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						1861.01 and
						1861.05,
						Insurance Code; 20th Century v. Garamendi, 8 Cal.4th 216 (1994). Reference:
						Sections
						1861.01,
						1861.05 and
						1861.08 of
						the Insurance Code; Calfarm Insurance Company v. Deukmejian (1989) 48 Cal.3d
						805.