California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 3 - Program for Investigation and Prosecution of Workers' Compensation Insurance Fraud › Section 2698.58 - Fraud Assessment Commission Review and Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before funds can be distributed to the
				  District Attorneys, the Commissioner shall make a determination, based on the
				  recommendation of the Review Panel and with the advice and consent of the Fraud
				  Division as to the most effective distribution of moneys, and shall forward the
				  Commissioner's decision on the funding distribution to the Chair of the Fraud
				  Assessment Commission within five business days of the date of the Review
				  Panel's recommendation on funding for the Commission's advice on and consent to
				  the funding distribution. The Fraud Assessment Commission shall notify the
				  Commissioner in writing within ten business days of receipt of the
				  Commissioner's decision whether it agrees or if it does not agree with the
				  recommended funding distribution.
(b) In the event that the Commission does not
				  agree with the Commissioner's recommended funding distribution, the Commission
				  shall set forth, in writing, the basis upon which its consent has been withheld
				  and shall forward such written decision to the Commissioner within ten business
				  days along with a written request for reconsideration. If the Commission
				  indicates that it does not agree with the Commissioner's funding distribution,
				  the Commissioner shall reconsider the distribution based upon the written
				  advice of the Commission.
(c) After
				  reconsideration of the distribution, the Commissioner shall forward to the
				  Commission, within ten business days, the Commissioner's written recommendation
				  upon reconsideration. If the Commission withholds its consent to the
				  Commissioner's reconsidered funding distribution, the Commission shall set
				  forth, in writing, the basis upon which its consent has been withheld and shall
				  forward such written decision within ten business days, along with a request
				  for submission of a revised County Plan, to the District Attorney(s) submitting
				  the disapproved County Plan.
1. New
					 section filed 10-8-93; operative 11-8-93 (Register 93, No. 41).
2.
					 Change without regulatory effect amending subsection (c) filed 12-13-93
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 93, No. 51).
3. Change without regulatory
					 effect amending subsections (a) and (c) 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
						1872.83,
						Insurance Code; CalFarm Insurance Company, et al. v. Deukmejian, et al. (1989)
						48 Cal.3d 805, 824. Reference: Section
						1872.83,
						Insurance Code.