California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 6 - Administrative Law Judges › Section 2654.1 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the extent
				  not otherwise specified by law or regulation, the administrative law judge
				  shall: control the course of proceedings; grant or deny requests for
				  continuances; administer oaths; issue subpoenas; rule on motions to compel
				  discovery; receive evidence; upon notice, hold appropriate conferences before
				  or during hearings; rule upon all objections or motions which do not involve
				  final determination of proceedings; receive offers of proof; hear argument;
				  recommend to the Commissioner approval or disapproval of proposed stipulations
				  and settlements; and, except as set forth in section
				  2657.1, fix the time and place for
				  the filing of briefs.
(b) The
				  administrative law judge shall eliminate unnecessary delay in the progress and
				  ultimate resolution of the proceeding, assume and maintain control over the
				  pace of the proceeding, actively manage the proceeding from commencement to
				  disposition, and compel all parties to prepare and resolve all issues without
				  delay. The administrative law judge shall discourage continuances, only
				  granting continuances for good cause shown. Good cause includes circumstances
				  such as serious illness of a participant in the proceeding, death in the family
				  of a participant in the proceeding, or jury duty obligations of a participant
				  in the proceeding.
(c) The
				  administrative law judge shall, when appropriate, consolidate cases and/or
				  require coordination and cooperation among multiple intervenors. The
				  administrative law judge may limit the number of witnesses, the time for
				  testimony upon a particular issue, and use other procedures in order to avoid
				  unnecessarily cumulative evidence or the undue consumption of time. The
				  administrative law judge shall take any other action necessary or appropriate
				  to the discharge of the administrative law judge's duties, consistent with the
				  statutory or other authority under which the Commissioner functions.
(d) The presiding administrative law judge,
				  who directs the Administrative Hearing Bureau and all other administrative law
				  judges, shall exercise all authority set forth in this section until a
				  proceeding is assigned to an administrative law judge.
1. New
					 article 6 and section filed 8-18-95 as an emergency; operative 8-18-95
					 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL
					 by 12-16-95 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 8-18-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
3. Change without regulatory effect amending subsection (d)
					 filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
4. Change without regulatory
					 effect amending subsection (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
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08(a),
						Insurance Code, Sections
						11512 and
						11513,
						Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
						al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).