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 2509.58 - Hearing Officer-Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall exercise all
				  powers relating to the conduct of the hearing.
(b) The hearing officer may conduct all or
				  part of the proceeding by telephone, television, or other electronic means if
				  each participant in the hearing has an opportunity to participate in and to
				  hear the entire proceeding while it is taking place and to observe exhibits,
				  which shall have been previously received by all parties and by the hearing
				  officer.
(c) The hearing officer
				  shall control the course of the proceedings; rule upon requests for
				  continuances; administer oaths; issue subpoenas; rule on the various motions
				  and objections of the parties; receive evidence, including additional
				  documents; upon notice, hold appropriate conferences before or during hearings;
				  receive offers of proof; hear argument; approve or reject proposed
				  stipulations; and, fix the time and place for the filing of written comment or
				  briefs.
(d) The hearing officer may
				  limit the use of witnesses, testimony, evidence, argument, pleadings, and
				  intervention. However, the parties must be given a reasonable opportunity to be
				  heard, including the opportunity to present and rebut evidence.
(e) The hearing officer shall take any other
				  action necessary or appropriate to the discharge of his or her duties,
				  consistent with the statutory or other authority under which the Commissioner
				  functions. The hearing officer may issue such orders compelling the compliance
				  of the parties and other persons subject to the jurisdiction of the
				  Commissioner as are necessary to the discharge of his or her official duties.
				  Article 12 of Chapter 4.5 of the Administrative Procedure Act (commencing with
				  Government Code section
				  11455.10),
				  is adopted, and is applicable to these proceedings.
(f) The Commissioner shall exercise all
				  authority set forth in this section until a proceeding is assigned to a hearing
				  officer.
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(f),
						11753.1(a)
						and
						11753.1(b),
						Insurance Code.