California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 7 - Direct Repair Programs and Auto Body Repair Labor Rate Surveys › Section 2698.91 - Reporting Auto Body Repair Labor Rate Surveys

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this Article, an "auto
				  body repair labor rate survey" or "survey" is any gathering of information by
				  an insurer, or on an insurer's behalf, from auto body repair shops regarding
				  what auto body repair labor rate the repair shops charge, used to determine and
				  set a specified prevailing auto body repair rate in a specific geographic
				  area.
(b) For purposes of a survey
				  conducted pursuant to California Insurance Code section
				  758(c),
				  "prevailing auto body rate" means the rate determined and set by an insurer as
				  a result of conducting an auto body labor rate survey of auto body repair shops
				  in a specific geographic area.
(c)
				  For purposes of this Article, an "auto body repair shop" or "repair shop" means
				  an automotive repair dealer, as defined in Section
				  9880.1
				  of the Business and Professions Code, registered with, or licensed by, the
				  Bureau of Automotive Repair as an auto body and/or paint shop.
(d) Reporting of survey results.
(1) Public information. Any labor rate survey
				  results reported to the Department of Insurance pursuant to Insurance Code
				  section
				  758 shall
				  include the following survey data, which will be made available to the public
				  upon request:
(A) The name and physical
				  address of each auto body repair shop responding to the labor rate
				  survey;
(B) The date the survey was
				  completed;
(C) The total number of
				  shops surveyed in the labor rate survey;
(D) The prevailing auto body rate determined
				  and set by the insurer for each geographic area surveyed or, in the case of a
				  survey that is intended to comply with the standards and requirements set forth
				  in subdivision (d) of Section
				  2695.81 (i.e., a "Standardized
				  Labor Rate Survey") and to be used pursuant to subdivision (e) of Section
				  2695.81, the prevailing auto body
				  rate for each type of labor listed in subdivisions (d)(8)(A)3.a. through
				  (d)(8)(A)3.h. of Section
				  2695.81 determined and set by the
				  insurer for each Geographic Area (as defined in subdivision (d)(8)(A)4. of
				  Section 2695.81) surveyed;
(E) A description of the specific geographic
				  area covered by each prevailing labor rate reported or, in the case of a survey
				  that is intended to comply with the standards and requirements set forth in
				  subdivision (d) of Section
				  2695.81 (i.e., a "Standardized
				  Labor Rate Survey") and to be used pursuant to subdivision (e) of Section
				  2695.81, a statement to this
				  effect, together with a description of any geographic areas where a survey will
				  not be used to quantify the labor rate component of estimates of repair
				  prepared pursuant to Section
				  2695.8; and
(F) A description of the formula or method
				  the insurer used to calculate or determine the specific prevailing auto body
				  rate reported for each specific geographic area.