California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.8 - Review of Rates › Article 8 - Timelines for Scheduling and Commencing Hearings › Section 2648.3 - Scheduling Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If the Commissioner decides to hold a hearing pursuant to Insurance Code
				  Section
				  1861.05, a
				  notice of hearing, or other notice or order commencing a proceeding under
				  Insurance Code Section
				  1861.05.,
				  shall be provided within 60 days after public notice has been given. After such
				  notice has been issued, and within 20 days after the time for filing a notice
				  of defense or other response by respondent as provided for in Government Code
				  Section
				  11506, the
				  administrative law judge assigned to hear the matter, or the Commissioner if no
				  judge has been assigned, shall give written notice of a scheduling conference
				  to all parties to the proceeding and to all persons having advised the
				  Commissioner of an interest in intervening in the proceeding. The notice shall
				  provide that the scheduling conference shall be held within 30 days of the date
				  of said notice.
(b) The scheduling
				  conference shall consider such issues as may be raised by the administrative
				  law judge, the parties, or persons interested in intervening in the proceeding,
				  including the following: the scope of issues; the scope of discovery that has
				  been conducted and the scope of anticipated discovery; discovery schedule;
				  schedule for bringing motions; schedule for submission of prefiled testimony;
				  matters pertaining to intervention; the date for the evidentiary
				  hearing.
(c) During the scheduling
				  conference, the administrative law judge shall set a date for commencement of
				  the evidentiary hearing that is less than 180 days from the date the
				  application was received by the Department.
(d) Upon good cause shown during the
				  scheduling conference, or upon subsequent motion, the date for the evidentiary
				  hearing may be set or continued, to a date that is more than 180 days from the
				  date the application was received by the Department. In determining the
				  existence of good cause, the administrative law judge may consider any
				  pertinent matter. A continuance may be granted if the party seeking the
				  continuance is not responsible for and made a good faith effort to prevent the
				  condition or event establishing good cause.
1. New
					 section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29).
					 A Certificate of Compliance must be transmitted to OAL 11-8-93 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 7-12-93 order including
					 amendment of subsection (d) and NOTE transmitted to OAL 11-3-93 and filed
					 12-17-93 (Register 93, No. 51).
Note: Authority cited: Sections
						1861.05 and
						1861.055,
						California Insurance Code. Reference: Sections
						1861.05 and
						1861.055,
						California Insurance Code.