California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 3 - Insurers › Article 9.7 - Workers' Compensation Insurance Procedural Requirements and Standards Applicable to Employers, Insurers, and Rating Organizations in the Initiation of and Response to Requests for Review, Requests for Policyholder Information, and Requests for Reconsideration Provided in Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a) and 11753.1(b), and, Rules of Practice and Procedure for Appeals to the Insurance Commissioner Pursuant to Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a), 11753.1(b) and 11753.1 › Section 2509.70 - Appeals for Correction of Mistake or Clerical Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within fifteen (15) days after service of
				  a copy of the decision on a party, but not later than the effective date of the
				  decision, the party may apply to the Commissioner for correction of a mistake
				  or clerical error in the decision, stating the specific ground on which the
				  application is made. Notice of the application shall be given to the other
				  parties to the proceeding. The application is not a prerequisite for seeking
				  judicial review.
(b) The
				  Commissioner may refer the application to the hearing officer who formulated
				  the proposed decision or may delegate his or her authority under this section
				  to one or more persons.
(c) The
				  Commissioner may deny the application, grant the application and modify the
				  decision, or grant the application and set the matter for further proceedings.
				  The application is considered denied if the Commissioner does not dispose of it
				  within fifteen (15) days after it is served on the Commissioner and the other
				  parties.
(d) Nothing in this
				  section precludes the Commissioner, on his or her own motion or on motion of
				  the hearing officer, from modifying the decision to correct a mistake or
				  clerical error. A modification under this subsection shall be made within 30
				  days after issuance of the decision.
(e) The hearing officer or the Commissioner
				  shall, within fifteen 15 days after correction of a mistake or clerical error
				  in the decision, serve a copy of the correction on each party on which a copy
				  of the decision was previously served.
1. New
					 section filed 2-22-99 as an emergency; operative 2-22-99 (Register 99, No. 9).
					 A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 6-18-99 as an emergency; operative
					 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-18-99 or emergency language will be repealed by operation of law
					 on the following day.
3. New section refiled 10-18-99 as an
					 emergency; operative 10-19-99 (Register 99, No. 43). A Certificate of
					 Compliance must be transmitted to OAL by 2-16-2000 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)
					 (Register 2000, No. 6).
5. New section filed 2-10-2000; operative
					 3-11-2000 (Register 2000, No. 6).
6. Change without regulatory
					 effect amending NOTE filed 6-3-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 23).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						11753.1,
						Insurance Code. Reference: Section
						11415.10,
						Government Code; and Sections
						11734,
						11737(f),
						11750,
						11752.6(c),
						11753.1(a)
						and
						11753.1(b),
						Insurance Code.