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 2509.53 - Pre-Hearing Procedural Provisions; Acknowledgment of Appeal; Assignment of Hearing Officer; Stay of Proceedings; Alternative Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commissioner shall acknowledge the receipt of an appeal and shall provide the
				  appellant instructions concerning information that must be submitted to the
				  Department.
(b) An appeal shall be
				  considered submitted when sufficient information is received by the
				  Commissioner from the appellant to establish the nature of the complaint and
				  the relief requested and when the appeal has been properly served on all the
				  parties.
(c) Upon submission of an
				  appeal, the Commissioner shall direct the appeal to a hearing officer. The
				  hearing officer shall notify the parties in writing of his or her
				  assignment.
(d) If all parties
				  agree, the hearing officer may refer an appeal for resolution to a neutral
				  mediator for mediation or to a neutral arbitrator for arbitration pursuant to
				  the procedures set forth in Government Code Section
				  11420.10.
(e) The Commissioner may deny an appeal
				  without a hearing if he or she has information on the subject from which the
				  appeal is taken and he or she believes that a reasonable basis for the appeal
				  does not exist or that the appeal is not made in good faith. The denial shall
				  be in writing and shall set forth the basis for the denial and shall be served
				  on all parties.
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					 language will be repealed by operation of law on the following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: Sections
						11400.20
						and
						11420.10,
						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.