California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 3 - Insurers › Article 9.6 - Workers' Compensation Rate Filings › Section 2509.33 - Disapproval of an Insurer's Rates; Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commissioner may commence a rate
				  disapproval hearing by serving a notice of hearing on the insurer. The hearing
				  notice shall state which parts of an insurer's rate filings the Commissioner
				  proposes to disapprove and shall specify in reasonable detail the reasons for
				  any proposed disapproval. The hearing notice shall state the date and location
				  of the hearing. A hearing shall be commenced within a reasonable time after
				  issuance of the hearing notice.
(b)
				  The decision of the hearing officer shall be based on the record of the
				  proceedings. The record of the proceedings shall consist of the written
				  pleadings submitted by the parties, any oral testimony, the documentary
				  evidence admitted into evidence by the hearing officer, and if a written
				  transcription of the proceedings is made by a Certified Shorthand Reporter, the
				  written transcription.
(c) A
				  disapproval of a rate filing other than a rejection for incompleteness as
				  specified in section
				  2509.32, subdivision (c), shall
				  occur only by order of the Commissioner after a hearing. If the Commissioner
				  disapproves a rate, the order shall specify when, within a reasonable time
				  after the decision, the rate shall no longer be used.
(d) All documents admitted as evidence in the
				  hearing shall be open to public inspection.
(e) If after a hearing the Commissioner
				  disapproves an insurer's rate filing, it shall not have any legally effective
				  rates. The Commissioner shall specify interim rates upon the insurer's
				  request.
(f) If the Commissioner
				  rejects an insurer's rate filing because of incompleteness or for failure to
				  comply with filing requirements, its legally effective rates shall be the prior
				  rates in effect for the insurer. "Prior rates" means the rates properly in
				  effect for the insurer at the time of its incomplete filing.
(g) The Commissioner may serve any document
				  concerning a rate disapproval hearing in the manner provided in Section
				  1013, subdivision (a), of the
				  California Code of Civil Procedure. The address for service on an insurer shall
				  be the address of the insurer's agent for service of process in the State of
				  California.
(h) An insurer may
				  serve any document concerning a rate disapproval hearing as provided in Section
				  1013, subdivision (a), of the
				  California Code of Civil Procedure. The address for service on the Commissioner
				  shall be his or her address in Oakland.
1. New
					 section filed 10-13-94; operative 10-13-94. Submitted to OAL for printing only
					 pursuant to Statutes of 1993, Ch. 1242 (S.B. 223), section
					 43, subdivision
					 3 (Register 94, No.
					 41).
2. Change without regulatory effect amending subsection (h)
					 filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).