California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 3 - Insurers › Article 9.7 - Workers' Compensation Insurance Procedural Requirements and Standards Applicable to Employers, Insurers, and Rating Organizations in the Initiation of and Response to Requests for Review, Requests for Policyholder Information, and Requests for Reconsideration Provided in Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a) and 11753.1(b), and, Rules of Practice and Procedure for Appeals to the Insurance Commissioner Pursuant to Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a), 11753.1(b) and 11753.1 › Section 2509.46 - Appeals to the Insurance Commissioner; Time Frame for Filing Written Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal to the Insurance Commissioner from a written
					 decision of an insurer or rating organization shall be filed within thirty (30)
					 days after service of rejection of review of the Complaint and Request for
					 Action or service of rejection of the Complaint or Request for Action. If an
					 insurer or rating organization fails to serve a written decision, the appeal
					 shall be filed within one hundred and twenty (120) days after service of the
					 Complaint and Request for Action upon the insurer or rating organization. If a
					 request for reconsideration was made pursuant to section
					 2509.45(b), an
					 appeal shall be filed within thirty (30) days after service of the decision on
					 reconsideration, or if the insurer or designated rating organization fails to
					 serve a written decision on reconsideration, the appeal shall be filed within
					 sixty (60) business days after service of the request for reconsideration. The
					 time to appeal shall not exceed one year after the Complaint and Request for
					 Action was served on the insurer or rating organization. However, the hearing
					 officer may grant further time for the filing of an appeal if he or she
					 determines that the delay was caused by the excusable neglect of the appellant
					 or other circumstances beyond the reasonable control of the
					 appellant.
1. New
					 section filed 2-22-99 as an emergency; operative 2-22-99 (Register 99, No. 9).
					 A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 6-18-99 as an emergency; operative
					 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-18-99 or emergency language will be repealed by operation of law
					 on the following day.
3. New section refiled 10-18-99 as an
					 emergency; operative 10-19-99 (Register 99, No. 43). A Certificate of
					 Compliance must be transmitted to OAL by 2-16-2000 or emergency language will
					 be repealed by operation of law on the following day.
4. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 6).
5. New section filed 2-10-2000; operative
					 3-11-2000 (Register 2000, No. 6).
6. Change without regulatory
					 effect amending NOTE filed 6-3-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 23).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						11753.1,
						Insurance Code. Reference: Section
						11415.10,
						Government Code; and Sections
						11734,
						11737(f),
						11750,
						11752.6(c),
						11753.1(a)
						and
						11753.1(b),
						Insurance Code.