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 2509.76 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Judicial review of the Commissioner's final decision may be
					 had by filing a petition for a writ of mandate in accordance with the
					 provisions of section
					 1094.5
					 of the Code of Civil Procedure. The right to petition shall not be affected by
					 the failure to seek reconsideration before the Commissioner.
(a) Except as otherwise provided in this
				  section the petition shall be filed within ninety (90) days after the last day
				  on which reconsideration can be ordered.
(b) On request of the petitioner for a record
				  of the proceedings, the complete record of the proceedings, or the parts
				  thereof as are designated by the petitioner in the request, shall be prepared
				  by the Department and shall be delivered to petitioner, within 30 days after
				  the request. The time shall be extended for good cause shown. The petitioner
				  shall pay the fee for the transcript and the cost of preparation of the other
				  portions of the record. The hearing officer shall determine the cost of
				  preparation of other portions of the record.
(c) The complete record includes the
				  pleadings, all notices and orders issued by the Department, any proposed
				  decision by a hearing officer, the final decision, a transcript of all
				  proceedings, the exhibits admitted or rejected, the written evidence and any
				  other papers in the case.
(d) Where
				  petitioner, within 10 days after the last day on which reconsideration can be
				  ordered, requests the Commissioner or Hearing Officer to prepare all or any
				  part of the record the time within which a petition may be filed shall be
				  extended until 30 days after delivery of the record.
(e) The Commissioner may file with the court
				  the original of any document in the record in lieu of a copy thereof.
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.