California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 3 - Definitions › Section 2651.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to Subchapter
					 4.9.
(a) "Administrative Hearing
				  Bureau" means that office within the office of the Commissioner at 1901
				  Harrison Street, 3rd Floor Mailroom, Oakland, CA 94612 and, except where
				  otherwise specified in this subchapter, designated for receipt of all pleadings
				  filed pursuant to this subchapter.
(b) "Applicant" means the insurer presenting,
				  on the form prescribed by the Commissioner and specified in section
				  2648.4, an application to change
				  any rate pursuant to California Insurance Code section
				  1861.05(b).
(c) "Application" means the form prescribed
				  by the Commissioner and specified in section
				  2648.4, together with all
				  supporting information included with that form, which every insurer seeking to
				  change any rate pursuant to California Insurance Code section
				  1861.05(b)
				  must provide.
(d) "Day", unless
				  otherwise specified in these regulations, means a calendar day. "Business days"
				  include all days except Saturdays, Sundays, and any holiday set forth in
				  California Government Code section
				  6700. The
				  time within which any pleading may be filed or served shall exclude the first
				  day and include the last day; however, when the last day falls on a Saturday,
				  Sunday or holiday the time computation shall exclude that day and include the
				  next business day.
(e) "Filing"
				  means the act of delivery of a paper pleading to the Administrative Hearing
				  Bureau. An original and one (1) copy of each pleading shall be filed with the
				  Administrative Hearing Bureau. A specific pleading may be filed by facsimile or
				  electronic transmission only when authorized by the administrative law
				  judge.
(f) "Party" means the
				  insurer whose rates are the subject of the proceeding, any person whose
				  petition to intervene in the proceeding has been granted pursuant to section
				  2661.3(g), and
				  the Department.
(g) "Pleading"
				  means any petition, notice of hearing, notice of defense, answer, motion,
				  request, response, brief, or other formal document filed with the
				  Administrative Hearing Bureau pursuant to this subchapter. The original of each
				  pleading shall be signed by each party or the party's attorney or
				  representative.
(h) "Proceeding"
				  means any action 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," including a rate proceeding established upon the submission
				  of a petition for hearing pursuant to California Insurance Code section
				  1861.05 and
				  section 2653.1 of this
				  subchapter.
(i) "Service" means to
				  provide a copy of a pleading to every other party in the proceeding in
				  conformity with California Code of Civil Procedure sections
				  1011
				  and
				  1013.
				  When a party files a pleading, the party shall concurrently serve that pleading
				  on all other parties in the proceeding. All filed pleadings shall be
				  accompanied by an original declaration of service in conformity with California
				  Code of Civil Procedure sections
				  1011
				  and
				  1013.
				  All served pleadings shall be accompanied by a copy of the declaration of
				  service. An employee of a party may sign a declaration of service.
A specific pleading may be served by facsimile or
					 electronic transmission when authorized by the receiving party.
A sample declaration of service form can be found in
					 section 2623.9.
(j) "Settlement" means an agreement among
				  some or all of the parties to a proceeding on a mutually acceptable outcome to
				  the proceeding.
(k) "Stipulation"
				  means an agreement among some or all of the parties to a proceeding on the
				  resolution of any issue of fact or the applicability of any provision of law
				  material to the proceeding.
(l)
				  "Submit" means the act of delivery of a pleading to the Rate Enforcement
				  Bureau.
1. New
					 article 3 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. Editorial correction of second paragraph of
					 subsection (d) (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)
4. Amendment of subsections (a), (e), (g) and (i) filed
					 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
5.
					 Amendment of subsection (h) filed 12-29-2006; operative 1-28-2007 (Register
					 2006, No. 52).
6. Change without regulatory effect amending
					 subsection (e) filed 1-7-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 2).
7. Change without regulatory
					 effect amending subsection (a) filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
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); 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
						and
						1861.08,
						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).