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California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 1 - Preamble › Section 2649.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter sets forth the rules of practice and
					 procedure governing proceedings conducted pursuant to Article 10 of Chapter 9
					 of Part 2 of Division 1 of the California Insurance Code, entitled "Reduction
					 and Control of Insurance Rates."
1. New
					 subchapter 4.9, article 1 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					 to OAL by 12-16-95 or emergency language will be repealed by operation of law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).
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
						1861.05(b),
						(c),
						1861.055,
						1861.08 and
						1861.10(a),
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 2 - Responsibilities of Parties › Section 2650.1 - Responsibilities of Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person representing a party in a proceeding as defined in section
				  2651.1 shall, no later than the
				  next appearance of that party, file and serve notification of that
				  representation to all other parties.
(b) Any party who has initiated or intervened
				  in any proceeding as defined in section
				  2651.1 shall, within five (5) days
				  of determining to withdraw from participation in the proceeding, file and serve
				  notification of that fact to all other parties.
1. New
					 article 2 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).
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
						1861.05(b),
						(c),
						1861.055
						and
						1861.10(a),
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.1 - Form and Size

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pleadings shall comply with Rules 2.101 through 2.108 of
					 the California Rules of Court, except that the use of recycled paper and
					 printing on both sides (flip-up) is encouraged.
1. New
					 article 4 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 8-8-95 order
					 transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5).
3. Change without regulatory effect amending section filed
					 12-2-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 49).
4. Change without regulatory
					 effect amending section filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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
						1861.05(b),
						(c),
						1861.055
						and
						1861.08,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.2 - Title and Case Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  pleading filed shall show the full name, mailing address, street address if
				  different than the mailing address, and telephone number of the person filing
				  it or that person's attorney or representative, if any, the caption of the
				  proceeding, the case number (if assigned), and the title of the pleading. Not
				  less than a three-inch square of the upper right-hand corner of the first page
				  shall be available for the use of the Department.
(b) Pleadings initiating new proceedings
				  shall leave a space for the case number.
(c) Sample forms can be found in Article 12
				  of this subchapter.
1. New
					 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).
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
						1861.05(b),
						(c),
						1861.055
						and
						1861.08,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.3 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitions and
				  Answers, Requests for Findings of Eligibility to Seek Compensation, and
				  Requests for Award, or amendments thereto, shall be verified. Verification may
				  be made by the party's attorney or advocate and shall be made by declaration
				  under penalty of perjury under California law.
(b) Sample verification forms can be found in
				  sections 2623.6,
				  2623.7, and
				  2623.8.
1. New
					 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).
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
						1861.05(b),
						(c),
						1861.055
						and
						1861.08,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.4 - Good Faith Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person filing a pleading is thereby certifying that, to
					 the best of the person's knowledge, information, and belief, the pleading is
					 not being presented for any improper purpose, such as to delay, harass, or
					 intimidate. The administrative law judge shall strike any pleading filed for an
					 improper purpose such as to delay, harass, or intimidate. No pleading shall be
					 stricken except on written request of a party, filed no later than ten (10)
					 days after service of the pleading and following notice and an opportunity to
					 be heard. The hearing shall be held no later than ten (10) business days after
					 filing of the request. Any party may file a written response to a request
					 within five (5) business days of filing of the request.
1. New
					 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. Editorial correction of NOTE (Register 96, No.
					 5).
3. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No.
					 5)
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
						1861.05(c),
						1861.055
						and
						1861.08,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.5 - Place of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise directed, all pleadings filed pursuant to
					 this subchapter shall be filed with the Administrative Hearing Bureau, 1901
					 Harrison Street, 3rd Floor Mailroom, Oakland, CA 94612. However, petitions for
					 hearing shall be submitted to the California Department of Insurance, Rate
					 Enforcement Bureau, 1901 Harrison Street, 3rd Floor Mailroom, Oakland, CA
					 94612, and shall not be filed with the Administrative Hearing Bureau.
(b) Filing and service shall be accomplished
				  by 4:30 p.m. local time on any due date.
1. New
					 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. Amendment of
					 first paragraph filed 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
4. Change without regulatory effect amending first paragraph
					 filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						1861.055,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference:
						Sections
						1861.05(c),
						1861.055,
						1861.07,
						1861.08 and
						1861.10(a),
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.6 - Amendment of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The filing of a pleading does not establish that it
					 complies with all requirements, and its receipt is not a waiver of those
					 requirements. The administrative law judge may, within five (5) business days
					 after filing of a pleading, require amendment of a pleading. Any amendment
					 shall be filed within five (5) business days of service of the order requiring
					 amendment.
1. New
					 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).
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
						1861.05(b),
						(c),
						1861.055,
						1861.08 and
						1861.10(a),
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.7 - Acknowledgments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who desires an acknowledgment of the filing of a
					 pleading shall so request and shall furnish an extra copy of the letter of
					 transmittal or of the first page of the pleading. A self-addressed envelope
					 with postage fully prepaid shall be provided if the party requests that a
					 conformed copy be returned by mail.
1. New
					 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).
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
						1861.05(b),
						(c),
						1861.055,
						1861.08 and
						1861.10(a),
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.8 - Public Notice of Rate Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A list of all rate change applications proposed within the
					 previous thirty-six (36) months shall be available for public inspection at the
					 public viewing rooms in Oakland and Los Angeles. A copy of this Public Notice
					 of Insurance Company Rate Application list ("List") shall be mailed weekly
					 without charge to any person who makes a written request therefor with the Rate
					 Filing Bureau, 1901 Harrison Street, 3rd Floor Mailroom, Oakland, CA 94612. The
					 Commissioner shall annually notify those receiving the list that, in order to
					 continue to receive the list, they must provide written confirmation to the
					 Rate Filing Bureau, within thirty (30) days of the date of the notice, that
					 they wish to continue to receive the list.
1. New
					 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 section filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						1861.06,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference:
						Sections
						1861.05(c),
						1861.055,
						1861.06,
						1861.07 and
						12973.7,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.9 - Public Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the information set forth in California
					 Insurance Code section
					 1861.07,
					 all pleadings filed pursuant to this subchapter shall be available for public
					 inspection at the Department's public viewing rooms in Los Angeles and
					 Oakland.
1. New
					 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 section filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						1861.07,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John
						Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference:
						Sections
						1861.055
						and
						1861.07,
						Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 4 - Procedural Requirements › Section 2652.10 - Contact with Department Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Once a Notice of Hearing has been filed regarding an
					 application, neither the applicant nor any intervenor shall discuss the
					 application, or any issues related to the application, with the Commissioner or
					 any employee of the Department of Insurance other than employees of the Rate
					 Enforcement Bureau, employees of the Administrative Hearing Bureau other than
					 any administrative law judge, and/or the Public Advisor.
1. New
					 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 section filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 5 - Petition for Hearing › Section 2653.1 - Petition for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person, whether as an individual, representative of an organization, or on
				  behalf of the general public, may request a hearing by submitting a petition
				  for hearing ("petition"), which is a pleading containing:
(1) An objection to the granting, in whole or
				  in part, of the rate requested in an application, or other request to initiate
				  a proceeding and the basis therefor; and
(2) A request for a public hearing;
				  and
(3) An offer of the evidence
				  which the person requesting the hearing would present or elicit at the public
				  hearing.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 5 - Petition for Hearing › Section 2653.2 - Time Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for a petition submitted in response to an
					 application, no petition for hearing regarding any rate shall be considered by
					 the Commissioner if that rate has been approved by the Commissioner after a
					 hearing, and the effective date of approval is within the preceding 12 months,
					 unless the petition sets forth relevant circumstances which have changed since
					 that approval. Relevant changed circumstances include, but are not limited to,
					 changes in the law such as that created by
Moradi-Shalal v. Fireman's
					 Fund Insurance Companies
, 46 Cal.3d 287 (1988) and
Garvey v.
					 State Farm Fire & Casualty Company
, 48 Cal.3d 395 (1989) which can
					 be expected to have a substantial effect on insurer payouts, or any other
					 change which would result in an approved rate being excessive, inadequate,
					 unfairly discriminatory, or otherwise in violation of Chapter 9 of Part 2 of
					 Division 1 of the California Insurance Code.
1. New
					 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).
Note: Authority cited: Sections
						1861.05(a) and
						(c),
						1861.055
						and
						1861.10,
						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
						1861.05,
						1861.055,
						1861.08 and
						1861.10(a),
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 5 - Petition for Hearing › Section 2653.3 - Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department's Rate Enforcement Bureau may, within three
					 (3) days of submission of the petition for hearing, provide the Commissioner
					 with a response to the petition for hearing. A copy of any response shall be
					 served on the person submitting the petition for hearing and any insurer named
					 in the petition, but shall not be filed with the Administrative Hearing
					 Bureau.
1. New
					 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 section filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 5 - Petition for Hearing › Section 2653.4 - Answer to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  insurer served with a petition for hearing may submit and serve an answer to
				  the petition. If the insurer chooses to answer the petition, it must do so
				  within five (5) business days of the date of service of the petition.
(b) The answer shall admit or deny each
				  material allegation in the petition and raise any defenses or justifications.
				  It shall also set forth any defects in the petition which require amendment or
				  clarification. Answers shall comply with the requirements of sections
				  2652.1-2652.3 of this
				  subchapter.
(c) Answers shall not
				  be filed with the Administrative Hearing Bureau.
(d) A sample answer form can be found in
				  section 2660.3.
1. New
					 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 (c) filed 1-7-2010 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance Code, Section
						11506,
						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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 5 - Petition for Hearing › Section 2653.5 - Granting of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner shall determine whether to grant or deny a
					 hearing under Insurance Code section
					 1861.05(c)(1)
					 based upon the content of the petition, the application, and any officially
					 noticeable information.
The petition for hearing, any response, any answer, and the
					 Commissioner's determination whether to grant or deny a hearing shall be part
					 of the record in the proceeding and, if the Commissioner grants a hearing,
					 shall be filed by the Rate Enforcement Bureau with the Administrative Hearing
					 Bureau.
1. New
					 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 second paragraph filed 1-7-2010 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance 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).
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 2654.2 - Decisions Regarding Certification of Questions to the Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certification requests made pursuant to Title 10,
					 California Code of Regulations, section
					 2646.2 shall be granted or
					 declined within fifteen (15) days of the request for certification. The
					 Commissioner's denial of a certification request shall be without prejudice to
					 any party or the right of any party to raise the question again in the same or
					 future proceedings.
1. New
					 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).
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,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.1 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may include a discovery request with a notice of hearing. If it does so within
				  twenty (20) days following the service of a discovery request, the insurer
				  shall deliver to the Department and any interveners copies of all items
				  requested that meet the standards of discoverable items in Government Code
				  section
				  11507.6,
				  liberally construed. The insurer and any intervener may also request discovery
				  concurrently with the filing and service of each party's initial pleading. The
				  written response to any discovery request other than a discovery request served
				  with the Notice of Hearing shall be served on the requesting party within ten
				  (10) days of service of the discovery request. Upon mutual agreement of all
				  parties and interveners:
1) written documents
				  may be converted into another mutually agreeable format, such as electronic or
				  magnetic, and made readily available, or
2) a depository of original items may be used
				  in place of delivery of copies, but the depository shall be open beyond regular
				  business hours upon request of a party or intervener. The parties shall have an
				  ongoing duty to produce additional items pursuant to whichever method is agreed
				  upon as new items become relevant.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.2 - Documentary Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Documents offered in evidence shall not contain significant
					 amounts of irrelevant or immaterial information. A party offering a document in
					 excess of ten (10) pages shall designate specifically the relevant and material
					 portions, and shall provide a copy of the entire document to every other party
					 prior to the offer in evidence. The other parties shall be provided five (5)
					 business days to examine the document from the date of receipt of the document,
					 and to offer in evidence other relevant and material portions of the document.
					 If admission of the entire document would unnecessarily encumber the record,
					 the document shall not be received in evidence, but the relevant and material
					 portions shall be received as an exhibit or exhibits of the
					 parties.
1. New
					 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).
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,
						Insurance Code, Section
						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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.3 - Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Exhibits shall be legible and whenever practicable either
					 prepared on paper not exceeding 8- 1/2 inches wide and 11 inches long and
					 printed on both sides, or bound or folded to that approximate size. Exhibits
					 may be created during the hearing, but shall be recreated for the record on
					 paper not exceeding 8- 1/2 inches wide and 11 inches long. Wherever
					 practicable, the sheets of each exhibit shall be numbered. Copies of exhibits
					 shall be clear and legible.
1. New
					 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 section filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance Code, Section
						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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.4 - Copies to All Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for exhibits created during the course of the
					 hearing, when exhibits are marked for identification, the original and one (1)
					 copy shall be furnished to the administrative law judge and one (1) copy
					 furnished to each party or attorney, the witness, and two (2) copies to the
					 court reporter. For exhibits created during the course of the hearing: Within
					 five (5) days of the date of their completion, one (1) copy shall be furnished
					 to the administrative law judge and one (1) copy shall be furnished to each
					 party or attorney and two (2) copies to the court reporter. One (1) additional
					 copy of each exhibit shall be filed with the Administrative Hearing Bureau
					 within ten (10) days of the date the exhibit is marked for identification or
					 completed during the proceeding.
1. New
					 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 section filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
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,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.5 - Additional Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  administrative law judge may require the production of further evidence on any
				  issue until the record is closed. If the administrative law judge determines
				  that specific documentary evidence is necessary as a part of the record, the
				  administrative law judge shall set a deadline for filing, reserving exhibit
				  numbers therefor. Copies of all documents produced shall be served on all
				  parties.
(b) If the administrative
				  law judge requires the production of further evidence, that evidence shall be
				  provided no later than ten (10) days from the date the administrative law judge
				  notifies the party from whom the evidence is sought that additional evidence is
				  required.
(c) Any objections to
				  admitting the evidence produced upon the administrative law judge's order shall
				  be filed no later than five (5) days after the evidence is served.
(d) Unless ordered by the administrative law
				  judge, evidence other than matters that can be officially noticed shall not be
				  provided after the close of the evidentiary hearing.
(e) In no event shall the record close more
				  than fifteen (15) days after oral argument.
1. New
					 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. Amendment
					 filed 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
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,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.7 - Order of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to its burden of proof, the applicant shall
					 have the burden of presenting its evidence and witnesses
					 first.
1. New
					 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).
Note: Authority cited: Sections
						1861.05 and
						1861.055,
						Insurance Code, Cal-Farm 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
						1861.05,
						1861.055
						and
						1861.08,
						Insurance 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).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.8 - Additional Direct Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to any cross-examination, any
				  witness may provide additional direct testimony responding to testimony
				  elicited of any other witness. Any additional direct testimony which is likely
				  to take more than one hour of hearing time to present shall meet all
				  requirements applicable to direct testimony, shall be in the format specified
				  in section
				  2655.6, and shall be filed and
				  served on all parties at least two (2) business days before the witness is
				  called to testify.
(b) If updated
				  data underlying the application becomes available during the course of the
				  hearing, the applicant shall provide the updated data as additional direct
				  testimony as soon as practical after the updated data becomes available. This
				  additional direct testimony shall meet all requirements applicable to direct
				  testimony, shall be in the format specified in section
				  2655.6, and shall be filed and
				  served on all parties at least two (2) business days before the witness is
				  called to testify on the updated data.
1. New
					 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 (a) 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,
						Insurance 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).