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California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.9 - Rebuttal Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the conclusion of the direct presentations of all
					 parties, the parties may file written rebuttal testimony. The rebuttal
					 testimony shall meet all requirements applicable to direct testimony, shall be
					 in the format specified in section
					 2655.6 and shall be filed and
					 served on all parties at least two (2) business days before the rebuttal
					 witness is called to testify. The rebuttal testimony shall only respond to
					 testimony of another party or witness.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.10 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No party shall file a Request for Official Notice after it
					 files its opening brief as authorized by section
					 2657.1(d).
					 Objections to official notice requests shall be filed no later than with reply
					 briefs; any written refutation shall accompany the objection. If the
					 administrative law judge determines, without a request, to take official notice
					 of a matter, notice shall be given to the parties, who shall have five (5) days
					 to offer objections or written refutation.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Amendment
					 filed 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11515,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 8 - Stipulations and Settlements › Section 2656.2 - Rejection of Stipulation or Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrative law judge shall reject
				  a proposed stipulation or settlement whenever, in the administrative law
				  judge's judgment, the stipulation or settlement is not in the public interest
				  and is not, taken as a whole, fundamentally fair, adequate, and reasonable.
				  Upon rejection, the administrative law judge may propose acceptable alternative
				  terms to the parties and allow the parties reasonable time to consider those
				  terms. Any party may, in writing and within three (3) days of the
				  administrative law judge's rejection of a proposed stipulation or settlement,
				  request the Commissioner's review of that rejection. A copy of any request
				  shall be filed with the Administrative Hearing Bureau.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Amendment
					 filed 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
4.
					 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: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 8 - Stipulations and Settlements › Section 2656.3 - Adoption of Stipulation or Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adoption of a stipulation or settlement
				  by the administrative law judge alone does not constitute approval of, or
				  precedent regarding, any principle or issue in the proceeding or in any future
				  proceeding.
(b) The terms of a
				  stipulation or settlement adopted by the administrative law judge shall be
				  included in any proposed decision provided to the Commissioner.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Amendment
					 filed 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11511.5,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 8 - Stipulations and Settlements › Section 2656.4 - Inadmissibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Discussions,
				  admissions, concessions or offers to stipulate or settle, whether oral or
				  written, made during any negotiation or settlement conference are confidential
				  and inadmissible for any purpose in any proceeding.
(b) If a stipulation or settlement is not
				  adopted by the administrative law judge, no evidence regarding the terms of the
				  proposed stipulation or settlement shall be admissible for any purpose in any
				  proceeding.
(c) The Commissioner's
				  approval of an insurer's application or amended application without a hearing
				  and without specific findings of fact and determinations of issues shall not
				  constitute approval of or precedent regarding any principle or issue in any
				  other proceeding.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Amendment of
					 subsection (c) and amendment of NOTE filed 10-16-2002; operative 11-15-2002
					 (Register 2002, No. 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Sections
						11511.5
						and
						11513,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994); and RLI Insurance Co. Group
						v. Superior Court, 51 Cal.App.4th 415
						(1996).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 9 - Post-Hearing Briefs and Oral Arguments › Section 2657.1 - Post-Hearing Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as otherwise specified in this subchapter, the administrative law judge
				  shall fix all dates for the filing and service of post-hearing
				  briefs.
(b) Citations to the
				  transcript of a proceeding shall indicate the transcript page number.
(c) All briefs in excess of ten (10) pages
				  shall contain a table of contents and a table of authorities.
(d) All parties shall file concurrent opening
				  briefs thirty (30) days after the close of the evidentiary hearing and all
				  parties shall file concurrent reply briefs fifteen (15) days after filing of
				  the opening briefs.
(e) Exclusive
				  of the table of contents and table of authorities, opening briefs shall not
				  exceed 50 pages, and reply briefs shall not exceed 25 pages. Upon written
				  motion and for good cause shown, these page limits may be increased in cases
				  which present novel or extremely technical issues, and they may be decreased in
				  cases that do not present such issues. However, briefs exceeding the page
				  limits set forth in this section are to be discouraged.
(f) Briefs, and exhibits to briefs, shall not
				  refer to, or introduce, any evidence whatsoever which was not admitted at the
				  evidentiary hearing or which is not officially noticeable.
1. New
					 article 9 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 8-18-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5)
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11511.5,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 9 - Post-Hearing Briefs and Oral Arguments › Section 2657.2 - Oral Argument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When, after the close of the evidentiary hearing and the
					 filing of post-hearing briefs, the administrative law judge believes that the
					 complexity or importance of the issues so warrant, the administrative law judge
					 may require or permit the presentation of oral argument within 25 days after
					 the filing of reply briefs. At least ten (10) days prior to the date set for
					 oral argument, the administrative law judge shall serve a list of questions
					 and/or issues that shall be addressed at the oral argument.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order; including
					 amendment of subsection (f), transmitted to OAL 12-18-95 and filed 2-1-96
					 (Register 96, No. 5).
3. Amendment filed 10-16-2002; operative
					 11-15-2002 (Register 2002, No. 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 10 - Submission of Proceeding › Section 2658.1 - Submission of Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A proceeding shall stand submitted when the record
					 closes.
1. New
					 article 10 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 8-18-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
3. Amendment filed 10-16-2002; operative 11-15-2002 (Register
					 2002, No. 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11517,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 11 - Petitions for Reconsideration › Section 2659.1 - Petitions for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions for reconsideration of the Commissioner's final
					 decision shall be provided, within the time set forth in Government Code
					 section
					 11521, to
					 the Commissioner, filed with the Administrative Hearing Bureau and served on
					 all parties.
1. New
					 article 11 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 8-18-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
3. Amendment of section heading and section filed 10-16-2002;
					 operative 11-15-2002 (Register 2002, No. 42).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11521,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 11 - Petitions for Reconsideration › Section 2659.2 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions for reconsideration shall be based solely upon,
					 and shall set forth specifically, the grounds upon which the decision of the
					 Commissioner allegedly is contrary to law or is erroneous. A petition for
					 reconsideration shall not refer to, or introduce, any evidence whatsoever which
					 was not presented at the evidentiary hearing. Any such evidence nonetheless
					 provided shall be accorded no weight. The purpose of a petition for
					 reconsideration is to alert the Commissioner to an error so that the error may
					 be corrected expeditiously. Copies of documents received in evidence or already
					 part of the record shall not be attached as exhibits.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11521,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 11 - Petitions for Reconsideration › Section 2659.3 - Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A response to a petition for reconsideration is not
					 necessary. However, if a response is provided, it must be provided within the
					 time set forth in Government Code section
					 11521, and
					 filed and served in the same manner as the petition for
					 reconsideration.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11521,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 11 - Petitions for Reconsideration › Section 2659.4 - Hearing on Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may, but is not required to, hold a
					 hearing or accept argument on the petition for
					 reconsideration.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code, Section
						11521,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 11.5 - Judicial Review › Section 2660 - Served on the Administrative Hearing Bureau

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party petitioning for trial court or appellate review
					 of a Commissioner's decision arising from a rate hearing shall serve on the
					 Administrative Hearing Bureau a copy of the petition and the final decision
					 from each reviewing court.
1. New
					 article 11.5 (section
					 2660) and section filed
					 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
Note: Authority cited: Sections
						1861.055,
						1861.09 and
						1858.6,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference:
						Sections
						1858.6,
						1861.055
						and
						1861.09,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 12 - Sample Forms › Section 2660.1 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following forms are merely illustrative as to general
					 format. The content of a particular pleading may vary, depending upon the
					 subject matter and applicable rules.
1. New
					 article 12 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 8-18-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.05(b),
						(c),
						1861.055,
						1861.08 and
						1861.10(a),
						(b), Insurance Code, CalFarm Insurance
						Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989), 20th
						Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d
						807, 847 (1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 12 - Sample Forms › Section 2660.2 - Petition for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Name
Address
Telephone Number of Petitioner or Advocate
BEFORE THE INSURANCE COMMISSIONER OF THE STATE OF
					 CALIFORNIA
In the Matter of
)
Case
							 No.
)
_____ Insurance
							 Company,
)
PETITION FOR HEARING
)
Applicant.
)
___________________________
)
The petition of (exact legal name, mailing address and
					 telephone number of petitioner) respectfully shows:I
(Here, and in succeeding numbered paragraphs, set forth
					 fully and clearly the facts constituting the grounds for the petition.
					 Additionally, list the line(s) of insurance for which the rate change is
					 sought, the percentage rate change for each line, and the Department's Rate
					 Filing Bureau application number(s).)II
Petitioner hereby requests the Insurance Commissioner to
					 schedule a public hearing at which time ____________________ Insurance Company
					 will be directed to appear, respond to the issues raised in this petition and
					 ____________________.III
At that hearing, petitioner will present or elicit evidence
					 that ____________________.IV
This petition does not involve a rate which has been
					 specifically approved by the Insurance Commissioner within the preceding
					 ____________________ months (or relevant changed circumstances are
					 ______________________________).V
If the Insurance Commissioner grants a hearing on
					 petitioner's request, petitioner will seek to intervene in that hearing
					 pursuant to Insurance Code section
					 1861.10.
WHEREFORE ______________________________.
DATED:
____________________
Signature
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.05(c),
						1861.055,
						1861.08 and
						1861.10(a),
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 12 - Sample Forms › Section 2660.3 - Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Name
Address
Telephone Number of Insurer or Attorney
BEFORE THE INSURANCE COMMISSIONER OF THE STATE OF
					 CALIFORNIA
In the Matter of
)
Case
							 No.
)
_____ Insurance
							 Company,
)
ANSWER TO PETITION
)
FOR HEARING
Applicant.
)
___________________________
)
____________________ Insurance Company alleges:
I
Applicant admits the allegations contained in paragraphs
					 ____________________ of the petition for hearing.
II
Applicant denies the allegations contained in paragraphs
					 ____________________ of the petition for hearing.
III
The allegations contained in paragraphs of the petition for
					 hearing are justified because ____________________.
IV
Applicant raises the following affirmative defenses
					 ____________________.
V
Defects in the petition requiring amendment or
					 clarification are ____________________.
WHEREFORE, Applicant requests ____________________.
DATED:
____________________
Signature
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055,
						1861.08 and
						1861.05(c),
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 13 - Intervention › Section 2661.2 - Intervention of Right

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person shall be permitted to intervene in any
					 proceeding on any rate application or in any proceeding subject to Chapter 9 of
					 Part 2 of Division 1 of the California Insurance Code if the issues to be
					 raised by the intervenor or participant are relevant to the issues of the
					 proceeding. A person desiring to intervene or participate in any proceeding
					 shall use the forms set forth in sections
					 2623.1 through
					 2623.9 of this subchapter, which
					 shall be verified.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-95 as an emergency; operative
					 12-19-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted
					 to OAL by 4-17-96 or emergency language will be repealed by operation of law on
					 the following day.
3. Certificate of Compliance as to 12-19-95 order
					 transmitted to OAL April 17, 1996; disapproved by OAL and order of repeal as to
					 12-19-95 order filed 5-30-96 (Register 96, No. 22).
4. New section
					 filed 5-30-96 as an emergency; operative 5-30-96 (Register 96, No. 22). A
					 Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 5-30-96 order, including
					 amendment of section, transmitted to OAL 9-26-96 and filed 11-5-96 (Register
					 96, No. 45).
Note: Authority cited: Section
						1861.10,
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal. Rptr. 2d 807, 847 (1994). Reference:
						Sections
						1861.10(a)
						and
						1861.10(b),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company et al. v. John
						Garamendi 8 Cal. 4th 216, 32 Cal. Rptr. 2d 807
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 13 - Intervention › Section 2661.3 - Procedure for Intervention in a Rate or Class Plan Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				  desiring to intervene and become a party to a rate or class plan proceeding
				  shall file a petition to intervene which shall be drafted in compliance with
				  sections 2652.1-2652.4 of this subchapter.
				  A person who petitions for a hearing may combine a petition to intervene with a
				  petition for hearing in one pleading.
(b) The Petition shall cite the law
				  authorizing the proposed intervention and shall contain the petitioner's
				  interest in the proceeding, the specific issues to be raised and the positions
				  to be taken on each issue to the extent then known, and the name, address, and
				  telephone number of the petitioner. The verified petition shall include a
				  statement that the intervenor or advocate will be able to attend and
				  participate in the proceeding without delaying the proceeding or any other
				  proceedings before the Commissioner.
(c) The Petition shall also state whether the
				  petitioner intends to seek compensation in the proceeding, and, if so, contain
				  an itemized estimated budget for the participation in the proceeding, which
				  shall set forth the following:
(1) separate
				  listings of the rates for each attorney advocate or non-attorney advocate,
				  including:
(A) the names of each attorney
				  advocate or non-attorney advocate,
(B) the rates to be claimed for each attorney
				  advocate or non-attorney advocate,
(C) a description of the work to be performed
				  by each attorney advocate or non-attorney advocate, an estimate of the time to
				  be spent to perform that work and the rates, fees and costs associated with
				  that work; and,
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 13 - Intervention › Section 2661.4 - Procedure for Participation in a Proceeding Other than a Rate Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				  desiring to participate in a proceeding other than a rate hearing shall file a
				  petition to participate which shall be drafted in compliance with sections
				  2652.1-2652.4 and
				  2661.3(b) through
				  (e) of this subchapter. A Petition to
				  Participate shall be submitted to the contact person for the proceeding, and
				  served on the Public Advisor.
(b) A
				  ruling on a Petition to Participate shall be made within 15 days of its
				  submission to the contact person for the proceeding.
(c) No person whose petition has been granted
				  shall be permitted to reopen matters decided before the petition is granted
				  without a showing of good cause.
(d) Nothing in this section shall be
				  construed to prohibit any person from providing relevant comments in a
				  proceeding other than a rate hearing if that person is not seeking
				  compensation.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-95 as an emergency; operative
					 12-19-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted
					 to OAL by 4-17-96 or emergency language will be repealed by operation of law on
					 the following day.
3. Certificate of Compliance as to 12-19-95 order
					 transmitted to OAL April 17, 1996; disapproved by OAL and order of repeal as to
					 12-19-95 order filed 5-30-96 (Register 96, No. 22).
4. New section
					 filed 5-30-96 as an emergency; operative 5-30-96 (Register 96, No. 22). A
					 Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 5-30-96 order transmitted to
					 OAL 9-26-96 and filed 11-5-96 (Register 96, No. 45).
6. Change
					 without regulatory effect amending subsection (a) filed 3-25-2009 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2009, No. 13).
Note: Authority cited: Section
						1861.10,
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal. Rptr. 2d 807, 847 (1994). Reference:
						Sections
						1861.10(a)
						and
						1861.10(b),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company et al. v. John
						Garamendi 8 Cal. 4th 216, 32 Cal. Rptr. 2d 807
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 14 - Intervenor's and Participant's Fees and Expenses › Section 2662.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to establish procedures for
					 awarding advocacy fees, witness fees and other expenses to petitioners,
					 intervenors and participants in proceedings, including proceedings other than
					 rate proceedings, before the Insurance Commissioner in accordance with Section
					 1861.10(b)
					 of the Insurance Code. The definitions set forth in section
					 2661.1 apply to Article 14 of this
					 subchapter.
1. New
					 article 14 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. New article 14 and section refiled 12-19-95 as an
					 emergency; operative 12-19-95 (Register 95, No. 51). A Certificate of
					 Compliance must be transmitted to OAL by 4-17-96 or emergency language will be
					 repealed by operation of law on the following day.
3. Certificate of
					 Compliance as to 12-19-95 order transmitted to OAL April 17, 1996; disapproved
					 by OAL and order of repeal as to 12-19-95 order filed 5-30-96 (Register 96, No.
					 22).
4. New article 14 and section filed 5-30-96 as an emergency;
					 operative 5-30-96 (Register 96, No. 22). A Certificate of Compliance must be
					 transmitted to OAL by 9-27-96 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 5-30-96 order, including amendment of article heading and section,
					 transmitted to OAL 9-26-96 and filed 11-5-96 (Register 96, No.
					 45).
6. Amendment filed 12-29-2006; operative 1-28-2007 (Register
					 2006, No. 52).
7. Change without regulatory effect amending section
					 filed 3-25-2009 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2009, No. 13).
Note: Authority cited: Section
						1861.10,
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal. Rptr. 2d 807, 847 (1994). Reference:
						Sections
						1861.10(a)
						and
						1861.10(b),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company et al. v. John
						Garamendi 8 Cal. 4th 216, 32 Cal. Rptr. 2d 807
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 14 - Intervenor's and Participant's Fees and Expenses › Section 2662.2 - Request for Finding of Eligibility; Time; Contents; Effective for Two Years

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person or
				  group representing the interests of consumers may provide to the Public Advisor
				  a request for finding of eligibility to seek compensation. The request shall be
				  verified and may be verified by the intervenor's or participant's attorney and
				  shall be submitted, at any time, in conjunction with an ongoing proceeding in
				  which the individual or organization seeks to intervene. The request shall
				  comply with sections
				  2652.1-2652.4 of this subchapter
				  and shall include:
(1) a showing by the
				  intervenor or participant that it represents the interests of consumers,
				  including a description of the previous work of the intervenor or participant;
				  and,
(2) in the case of groups
				  representing the interests of consumers, the request shall include the
				  following as exhibits:
(A) a copy of the
				  group's articles of incorporation, by-laws, or (for groups not organized as
				  corporations) other organizational documents,
(B) if the group has members, the approximate
				  number of current members,
(C)
				  composition of the group's current Board of Directors -- including the name and
				  business address of each director and/or the name and business address of the
				  principals of the group if it is not a corporation,
(D) newsletter circulation, if any, along
				  with a representative sample of newsletters and/or any other publications
				  issued by the intervenor in California during the previous twelve (12)
				  months,
(E) any annual or year-end
				  report for the prior year,
(F) a
				  statement as to whether or not the group has been granted non-profit status
				  under Internal Revenue Code Section
				  501(c),
				  and
(G) In order to allow a
				  determination whether the group actually does represent the interests of
				  consumers, a listing, by general category, of the group's funding sources for
				  the prior twenty-four (24) months and the approximate total percentage of the
				  group's annual budget from each funding category. Each foundation, corporate,
				  business, or government grant shall be separately listed by name of foundation,
				  corporation, business, or government agency and amount of grant. For each
				  individual who contributed at least five percent of the group's annual budget,
				  the name of the individual and the total amount of the annual contribution
				  shall be separately listed.
The Public Advisor may require additional information
					 regarding the request at any time, but not more than twice during any one
					 calendar year from a given intervenor or
					 participant.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 14 - Intervenor's and Participant's Fees and Expenses › Section 2662.4 - Amended Request for Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An intervenor or participant may submit amended requests
					 for an award whenever it incurs additional fees or costs subsequent to the
					 submission of a previous request for award. Any amended request shall meet the
					 requirements of Section
					 2662.3 of this subchapter.
					 Responses to an amended request, if any, shall meet the requirements of section
					 2662.3.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-95 as an emergency; operative
					 12-19-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted
					 to OAL by 4-17-96 or emergency language will be repealed by operation of law on
					 the following day.
3. Certificate of Compliance as to 12-19-95 order
					 transmitted to OAL April 17, 1996; disapproved by OAL and order of repeal as to
					 12-19-95 order filed 5-30-96 (Register 96, No. 22).
4. New section
					 filed 5-30-96 as an emergency; operative 5-30-96 (Register 96, No. 22). A
					 Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 5-30-96 order transmitted to
					 OAL 9-26-96 and filed 11-5-96 (Register 96, No.
					 45).
Note: Authority cited: Section
						1861.10,
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal. Rptr. 807, 847 (1994). Reference:
						Sections
						1861.10(a)
						and
						1861.10(b),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company et al. v. John
						Garamendi 8 Cal. 4th 216, 32 Cal. Rptr. 2d 807
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 14 - Intervenor's and Participant's Fees and Expenses › Section 2662.5 - Requirements for Awards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Subject to subdivision (b) herein, advocacy fees, witness fees, and other
				  expenses of participation in a proceeding shall be awarded to any petitioner,
				  intervenor or participant who complies with section
				  2662.3 and satisfies both of the
				  following requirements:
(1) The petitioner,
				  intervenor or participant's presentation makes a substantial contribution as
				  evidenced by specific citations to the petitioner's, intervenor's or
				  participant's direct testimony, cross-examination, legal arguments, briefs,
				  motions, discovery, declarations by advocates and/or witnesses, written or oral
				  comments of the intervenor or its witnesses regarding a rate application
				  provided to the Department, correspondence with the parties, stipulations or
				  settlement agreements, and decision or order by the Department or the
				  Commissioner on a petition for hearing or rate or class plan application issued
				  without a formal hearing, or any other appropriate evidence; and,
(2) The petitioner, intervenor or participant
				  represents the interests of consumers.