reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.4 - Consolidation and Bifurcation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When proceedings that involve a common
				  question of law or fact are pending, the administrative law judge or hearing
				  officer on the judge's or officer's own motion or on motion of a party may
				  order a joint hearing of any or all the matters at issue in the proceedings.
				  The administrative law judge or hearing officer may order all the proceedings
				  consolidated and may make orders concerning the procedure that may tend to
				  avoid unnecessary costs or delay.
(b) The administrative law judge or hearing
				  officer, on the judge's or officer's own motion or on motion of a party, in
				  furtherance of convenience or to avoid prejudice, or when separate hearings
				  will be conducive to expedition and economy, may order a separate hearing of
				  any issue.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.5 - Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
				  administrative law judge or hearing officer has been assigned to a proceeding,
				  no continuance may be granted except by that administrative law judge or
				  hearing officer, and only for good cause shown.
(b) When seeking a continuance, a party shall
				  apply for the continuance within 10 working days following the time the party
				  discovered or reasonably should have discovered the event or occurrence that
				  establishes the good cause for the continuance. A continuance may be granted
				  for good cause after the 10 working days have elapsed if the party seeking the
				  continuance is not responsible for and has made a good faith effort to prevent
				  the condition or event establishing the good cause.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Change without regulatory effect amending subsection (a)
					 filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.6 - Burden and Order of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department or intervenor has the
				  burden of proving, by a preponderance of the evidence, every fact necessary to
				  show in what manner and to what extent noncompliance is alleged to
				  exist.
(b) In addition to its
				  burden of proof, the Department or intervenor shall have the burden of
				  presenting its evidence and witnesses first.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.7 - Discovery: Exclusive Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Section
					 2614.8 provide the exclusive right
					 to and method of discovery as to any proceeding governed by this
					 subchapter.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Amendment filed 12-30-2010; operative 12-30-2010 pursuant to
					 Government Code section
					 11343.4
					 (Register 2010, No. 53).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.8 - Requests for Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A party, upon written request made to another party, prior to the hearing and
				  within 30 days after a request for hearing has been served, is entitled to
				  obtain the names and addresses of witnesses to the extent known to the other
				  party, including, but not limited to, those intended to be called to testify at
				  the hearing; and inspect and make a copy of any of the following in the
				  possession or custody or under the control of the other party:
(1) A statement pertaining to the subject
				  matter of the proceeding made by any party to another party or
				  person;
(2) statements of witnesses
				  then proposed to be called by the party and of other persons having personal
				  knowledge of the acts, omissions or events which are the basis for the
				  proceeding, not included in (1) above;
(3) investigative reports made by or on
				  behalf of the Department or other party pertaining to the subject matter of the
				  proceeding, to the extent that these reports contain the names and addresses of
				  witnesses or of persons having personal knowledge of the acts, omissions or
				  events which are the basis for the proceeding; or reflect matters perceived by
				  the investigator in the course of the investigator's investigation; or contain
				  or include by attachment any statement or writing described in (1) or (2) or
				  summary thereof;
(4) any other
				  document or thing which is relevant and which would be admissible in
				  evidence.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.9 - Compelling Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any party claiming that a request for discovery has not been complied with
				  shall, within five (5) business days of receipt of the responses, meet and
				  confer with the party from whom discovery is sought to attempt to resolve the
				  discovery dispute.
(b) Any party
				  claiming that a request for discovery has not been complied with following the
				  meet and confer session shall, within five (5) business days of the meet and
				  confer session, file and serve a motion to compel discovery accompanied by a
				  copy of the original discovery request and response thereto. The motion to
				  compel discovery shall specify why the requested information is sought, and
				  include facts showing a reasonable and good faith attempt at an informal
				  resolution of each issue presented by the motion.
(c) The party from whom discovery is sought
				  shall file and serve any additional response within five (5) business days of
				  service of the motion. The administrative law judge or hearing officer shall
				  set a hearing on the motion for a time within ten (10) business days after
				  filing of the response or at a later time that the administrative law judge or
				  hearing officer, on the judge's or officer's own motion, for good cause
				  determines. At or before the commencement of the hearing, the administrative
				  law judge or hearing officer shall inform the parties of the administrative law
				  judge or hearing officer's tentative ruling on the motion. The administrative
				  law judge or hearing officer shall issue a decision on the motion to compel
				  discovery within five (5) business days of the date of the hearing on the
				  motion to compel discovery.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Change without regulatory effect amending subsection (c)
					 filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.10 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  On motion of a party or by order of an administrative law judge or hearing
				  officer, the administrative law judge or hearing officer may conduct one or
				  more prehearing conferences. The administrative law judge or hearing officer
				  shall set the times and places for the prehearing conferences, and shall give
				  reasonable written notice to all parties.
(b) The prehearing conferences may address
				  one or more of the following matters:
(1)
				  Exploration of settlement possibilities.
(2) Preparation of stipulations.
(3) Clarification of issues.
(4) Rulings on identity and limitation of the
				  number of witnesses.
(5) Objections
				  to proffers of evidence.
(6) Order
				  of presentation of evidence and cross-examination.
(7) Rulings regarding issuance of subpoenas
				  and protective orders.
(8)
				  Schedules for the submission of written briefs and schedules for the
				  commencement and conduct of the hearing.
(9) Exchange of witness lists and of exhibits
				  or documents to be offered in evidence at the hearing.
(10) Motions for intervention.
(11) Any other matters as shall promote the
				  orderly and prompt conduct of the hearing.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.11 - Exchange of Witness Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a date agreed upon by all parties or
				  ordered by the administrative law judge or hearing officer, all parties who
				  have appeared in the action shall exchange information concerning witnesses.
				  The exchange of information may occur at a meeting of the attorneys for the
				  parties involved or by a mailing on an agreed upon date.
(b) The exchange of witness information shall
				  include the following:
(1) A list setting
				  forth the name of any person who will be offering testimony.
(2) A brief narrative statement of the
				  general substance of the testimony that each witness is expected to
				  give.
(3) A brief narrative
				  statement of the qualifications of each expert witness.
(4) All discoverable reports and writings, if
				  any, made by each expert witness.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.12 - Supplemental Witness List Exchange

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 30 days after the exchange described in 2614.11, any
					 party who engaged in the exchange may submit a supplemental witness list
					 containing the name of any witness who will provide testimony on a subject to
					 be covered by a witness designated by an adverse party to the exchange, if the
					 party supplementing a witness list has not previously designated a witness to
					 testify on that subject, and shall include all discoverable reports and
					 writings, if any, made by each additional designated expert
					 witness.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.14 - Additional Direct Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to any witness' cross-examination, any witness may
					 provide additional direct testimony responding to testimony elicited of any
					 other witness. Any additional direct testimony which is likely to take more
					 than one hour of hearing time to present shall meet all requirements applicable
					 to direct testimony, shall be in the format specified in section
					 2614.13, and shall be filed and
					 served on all parties at least two (2) business days before the witness is
					 called to testify.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Change without regulatory effect amending section filed
					 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.15 - Rebuttal Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the conclusion of the direct presentations of all
					 parties, the parties may file written rebuttal testimony or provide oral
					 rebuttal testimony. Rebuttal testimony shall be subject to cross examination as
					 provided in section
					 2614.13(d). The
					 rebuttal testimony shall meet all requirements applicable to direct testimony,
					 and shall be in the format specified in section
					 2614.13 and if in written format
					 shall be filed and served on all parties at least two (2) business days before
					 the rebuttal witness is called to testify. The rebuttal testimony shall only
					 respond to testimony of another party or witness.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.16 - Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any exhibit
				  that a party wishes to be part of the evidentiary record of this proceeding
				  shall be lodged with the administrative hearing bureau and served on all other
				  parties in the manner and by the date directed by the administrative law judge
				  or hearing officer.
(b) A party
				  offering a document in excess of ten (10) pages shall designate specifically
				  the relevant and material portions, and shall provide a copy of the entire
				  document to every other party prior to the offer in evidence. The other parties
				  shall be provided five (5) business days to examine the document, from the date
				  of receipt of the document, and to offer in evidence other relevant and
				  material portions of the document.
(c) Exhibits shall be legible and whenever
				  practicable either prepared on paper not exceeding 8- 1/2 inches wide and 11
				  inches long, or bound or folded to that approximate size. Exhibits may be
				  created during the hearing, but shall be recreated for the record on paper not
				  exceeding 8- 1/2 inches wide and 11 inches long. Wherever practicable, the
				  sheets of each exhibit shall be numbered. Copies of exhibits shall be clear and
				  legible.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.17 - Oral Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Oral testimony shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to
				  call and examine witnesses; to introduce exhibits; to cross-examine opposing
				  witnesses on any matter relevant to the issues even though that matter was not
				  covered in the direct examination; to impeach any witness regardless of which
				  party first called the witness to testify; and to rebut the evidence against
				  the witness. If the respondent does not testify in the respondent's own behalf,
				  the respondent may be called and examined as if under
				  cross-examination.
(c) The hearing
				  need not be conducted according to technical rules relating to evidence and
				  witnesses, except as hereinafter provided.
(d) Hearsay evidence may be used to
				  supplement or explain other evidence but over timely objection shall not be
				  sufficient in itself to support a finding unless it would be admissible over
				  objection in civil actions. An objection is timely if made before submission of
				  the case.
(e) The rules of
				  privilege shall be effective to the extent that they are otherwise required by
				  statute to be recognized at the hearing.
(f) The administrative law judge or hearing
				  officer has discretion to limit oral testimony and to exclude evidence if its
				  probative value is substantially outweighed by the probability that its
				  admission will necessitate undue consumption of time.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Change without regulatory effect amending subsection (b)
					 filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.18 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision, official notice may be taken,
					 either before or after submission of the case for decision, of any generally
					 accepted technical or scientific matter within the Department's special field,
					 and of any fact that may be judicially noticed by the courts of this State.
					 Parties present at the hearing shall be informed of the matters to be noticed,
					 and those matters shall be noted in the record, referred to therein, or
					 appended thereto. Any such party shall be given a reasonable opportunity on
					 request to refute the officially noticed matters by evidence or by written or
					 oral presentation of authority, the manner of such refutation to be determined
					 by the administrative law judge or hearing officer.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.19 - Settlement Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The administrative law judge or hearing officer may order the parties to attend
				  and participate in a settlement conference. The chief administrative law judge
				  shall assign an administrative law judge or hearing officer to conduct the
				  settlement conference, other than the administrative law judge or hearing
				  officer assigned to the case; set the time and place for the settlement
				  conference; and give reasonable written notice to all parties.
(b) The administrative law judge or hearing
				  officer assigned to conduct the settlement conference may conduct all or part
				  of the settlement conference by telephone or other electronic means if each
				  participant in the conference has an opportunity to participate in and to hear
				  the entire proceeding while it is taking place.
(c) Discussions, admissions, concessions, or
				  offers to stipulate or settle, whether oral or written, made during any
				  negotiation or settlement conference are confidential and inadmissible for any
				  purpose in any proceeding.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.20 - Stipulations and Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties may stipulate to the resolution
				  of an issue of fact or the applicability of a provision of law material to a
				  proceeding or may agree to settlement on a mutually acceptable outcome to a
				  proceeding, with or without resolving material issues.
(b) If the parties agree to settlement on a
				  mutually acceptable outcome to a proceeding, with or without resolving material
				  issues, they shall obtain an order approving their settlement from the
				  Commissioner. Immediately following the Commissioner's approval of a
				  settlement, the parties shall file a signed request to withdraw their request
				  for hearing with the Administrative Hearing Bureau.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.21 - Additional Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  administrative law judge or hearing officer may require the production of
				  further evidence on any issue until the record is closed. If the administrative
				  law judge or hearing officer determines that specific documentary evidence is
				  necessary as a part of the record, the administrative law judge or hearing
				  officer shall set a deadline for filing, reserving exhibit numbers therefor.
				  Copies of all documents produced shall be served on all parties.
(b) If the administrative law judge or
				  hearing officer requires the production of further evidence, that evidence
				  shall be provided no later than ten (10) days from the date the administrative
				  law judge notifies the party from whom the evidence is sought that additional
				  evidence is required.
(c) Any
				  objections to admitting the evidence produced upon the order of the
				  administrative law judge or hearing officer shall be filed no later than five
				  (5) days after the evidence is served.
(d) Unless ordered by the administrative law
				  judge or hearing officer, evidence other than matters that can be officially
				  noticed shall not be provided after the close of the evidentiary
				  hearing.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.22 - Submission of Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A proceeding shall stand submitted when the record is
					 closed by the administrative law judge or hearing officer.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.23 - Amendment to Notice of Noncompliance After Submission of Case for Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may request leave to amend the notice of
					 noncompliance to conform to proof, after submission of the case for decision.
					 Each party shall be given notice of the intended amendment and opportunity to
					 show that it will be prejudiced thereby unless the case is reopened to permit
					 the introduction of evidence on the party's behalf. If such prejudice is shown,
					 the ALJ may either deny leave to amend or reopen the case to permit
					 introduction of additional evidence.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.24 - Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  administrative law judge or hearing officer shall prepare within 60 days after
				  the record is closed a proposed decision in a form that may be adopted by the
				  Commissioner as the final decision in the case. Failure of the administrative
				  law judge or hearing officer to deliver a proposed decision within the time
				  required does not prejudice the rights of the Commissioner in the
				  case.
(b) Within 100 days of
				  receipt by the Commissioner of the administrative law judge's proposed
				  decision, the Commissioner may act as prescribed in subparagraphs (b)(1) to
				  (5), inclusive. If the Commissioner fails to act as prescribed in subparagraphs
				  (b)(1) to (5), inclusive, within 100 days of receipt of the proposed decision,
				  the proposed decision shall be deemed adopted by the Commissioner. The
				  Commissioner may do any of the following:
(1)
				  Adopt the proposed decision in its entirety.
(2) Reduce or otherwise mitigate the proposed
				  penalty and adopt the balance of the proposed decision.
(3) Make technical or other minor changes in
				  the proposed decision and adopt it as the decision. Action by the Commissioner
				  under this paragraph is limited to a clarifying change or a change of a similar
				  nature that does not affect the factual or legal basis of the proposed
				  decision.
(4) Reject the proposed
				  decision and refer the case to the same administrative law judge or hearing
				  officer if reasonably available, otherwise to another administrative law judge
				  or hearing officer, to take additional evidence. If the case is referred to an
				  administrative law judge or hearing officer pursuant to this subparagraph, the
				  administrative law judge or hearing officer shall prepare a revised proposed
				  decision based upon the additional evidence and the transcript and other papers
				  that are part of the record of the prior hearing. A copy of the revised
				  proposed decision shall be furnished to each party or each party's attorney as
				  prescribed in subparagraph (c).
(5)
				  Reject the proposed decision, and decide the case upon the record, including
				  the transcript, or upon an agreed statement of the parties, with or without
				  taking additional evidence.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.25 - Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days after service of a copy of
				  the decision on a party, but not later than the effective date of the decision,
				  a party may apply to the Commissioner for correction of a mistake or clerical
				  error in the decision, stating the specific ground on which the application is
				  made. Notice of the application shall be served on the other parties to the
				  proceeding, with a copy filed with the Administrative Hearing Bureau. The
				  application is not a prerequisite for seeking judicial review.
(b) The Commissioner may deny the
				  application, grant the application and modify the decision, or grant the
				  application and set the matter for further proceedings. The application is
				  considered denied if the Commissioner does not dispose of it within 15 days
				  after it is made.
(c) Nothing in
				  this section precludes the Commissioner from modifying the decision to correct
				  a mistake or clerical error. A modification under this subdivision shall be
				  made within 15 days after issuance of the decision.
(d) The Commissioner shall, within 15 days
				  after correction of a mistake or clerical error in the decision, serve a copy
				  of the correction on each party on which a copy of the decision was previously
				  served.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.26 - Effective Date of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The decision shall become effective 30 days after it is delivered or mailed to
				  the parties unless: reconsideration is ordered within that time, or the
				  administrative law judge or hearing officer or Commissioner orders that the
				  decision shall become effective sooner.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.27 - Default Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a respondent fails to appear at the hearing, the administrative law judge or
				  hearing officer may take action based upon the respondent's express admissions
				  or upon other evidence and affidavits may be used as evidence without any
				  notice to respondent.
(b)
				  Notwithstanding the default of the respondent, the administrative law judge or
				  hearing officer, before a proposed decision is issued, has the discretion to
				  grant a hearing on reasonable notice to the parties. The administrative law
				  judge or hearing officer may order the respondent, or the respondent's attorney
				  or other authorized representative, or both, to pay reasonable expenses,
				  including attorney's fees, incurred by another party as a result of the
				  respondent's failure to appear at the hearing.
(c) Within seven days after service on the
				  respondent of a decision based on the respondent's default, the respondent may
				  serve a written motion requesting that the decision be vacated and stating the
				  grounds relied on. The administrative law judge or hearing officer may vacate
				  the decision and grant a hearing on a showing of good cause. As used in this
				  subdivision, good cause includes, but is not limited to, any of the following:
				  mistake, inadvertence, surprise, or excusable neglect.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 1 - Governing Procedure for Hearings › Section 2615 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated pursuant to the authority
					 granted to the Insurance Commissioner under the provisions of Section
					 11400.20
					 of the Government Code.
1. Change
					 without regulatory effect amending subchapter and article headings, renumbering
					 former subchapter 11, article 1 (sections
					 2698.99.10 -
					 2698.99.13) to subchapter 4.5,
					 article 1 (sections
					 2615-2615.3) and renumbering
					 section 2698.99.10 to section
					 2615 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
						11415.10,
						Government Code. Reference: Section
						21.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 1 - Governing Procedure for Hearings › Section 2615.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these regulations is to provide a general
					 governing procedure for Department of Insurance adjudicative hearings. However,
					 when other regulations set forth a procedure for an adjudicative hearing
					 explicitly provided for in the Insurance Code, the regulations implementing the
					 specific Insurance Code provision will govern. Additionally, these regulations
					 do not apply to those adjudicative hearings that, by statute, are subject to
					 the provisions of Chapter 5 of the Government Code.
1. Change
					 without regulatory effect renumbering section
					 2698.99.11 to section
					 2615.1 filed 6-3-2003 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2003, No. 23). For prior history of section
					 2615.1, see Register 96, No.
					 45.
Note: Authority cited: Section
						11415.10,
						Government Code. Reference: Section
						21.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 1 - Governing Procedure for Hearings › Section 2615.2 - Governing Procedure: Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Department of Insurance adjudicative hearings not
					 governed by other procedural regulations shall allow the use of both written
					 and live witness testimony, subject to motions to strike and cross-examination.
					 However, the presiding officer shall have the authority to limit the length and
					 repetitiveness of all testimony, and to control the order and manner of
					 presentation of witnesses.
1. Change
					 without regulatory effect renumbering section
					 2698.99.12 to section
					 2615.2 filed 6-3-2003 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2003, No. 23).
Note: Authority cited: Section
						11415.10,
						Government Code. Reference: Section
						21.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 1 - Governing Procedure for Hearings › Section 2615.3 - Governing Procedure: Pre-Hearing Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the procedures set forth and referenced in
					 §
										2615.2, the presiding officer
					 shall have the authority to prescribe the procedure for an adjudicative hearing
					 more specifically in a Pre-Hearing Order. Scheduling, allowable pleadings and
					 motions, use of discovery, if any, scope of relevant evidence, rebuttal rights,
					 if any, briefing, if any, and all other procedural matters may be addressed in
					 a pre-hearing order.
1. Change
					 without regulatory effect renumbering section
					 2698.99.13 to section
					 2615.3 filed 6-3-2003 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2003, No. 23).
2. Change without regulatory
					 effect amending section filed 8-12-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 33).
Note: Authority cited: Section
						11415.10,
						Government Code. Reference: Section
						21.5,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 2 - Definitions [Repealed] › Section 2616.1 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article and section filed 2-1-93; operative 2-1-93 (Register 93, No. 6). For
					 prior history, see Register 92, No. 39.
2. Renumbering and amendment
					 of former section
					 2616.1 to new section
					 2661.1 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.
3. Renumbering and
					 amendment of former section
					 2616.1 to new section
					 2661.1 refiled 12-19-95 as an
					 emergency; operative 12-19-95 (Register 95, No. 51). A Certificate of
					 Compliance must be transmitted to OAL by 4-17-96 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 12-19-95 order transmitted to OAL April 17, 1996; disapproved
					 by OAL and order of repeal as to 12-19-95 order filed 5-30-96 (Register 96, No.
					 22).
5. Renumbering and amendment of former section
					 2616.1 to new section
					 2661.1 filed 5-30-96 as an
					 emergency; operative 5-30-96 (Register 96, No. 22). A Certificate of Compliance
					 must be transmitted to OAL by 9-27-96 or emergency language will be repealed by
					 operation of law on the following day.
6. Certificate of Compliance
					 as to 5-30-96 order transmitted to OAL 9-26-96 and filed 11-5-96 (Register 96,
					 No. 45).
Note: Authority cited: Sections
						1861.055,
						1861.10,
						12921 and
						12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Sections
						791.15,
						12096 and
						1861.10(a),
						Insurance Code; and CalFarm, et al. v. Deukmejian, et al., 48 Cal.3d 805
						(1989).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.1 - Intervention Under Chapter 9 of Part 2 of Division 1 of the California Insurance Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 1861.10, 12921 and 12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Section
						1861.10(a),
						Insurance Code; and CalFarm, et al. v. Deukmejian, et al., 48 Cal.3d 805
						(1989).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.2 - Other Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Sections 791.15,1861.10(b), 12096 and 12925,
						Insurance Code; and CalFarm, et al. v. Deukmejian, et al., 48 Cal.3d 805
						(1989).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.3 - Procedure for Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 1861.10, 12921 and 12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Sections 791.15,1861.10(a), 12096, 12921.5 and
						12925, Insurance Code; and CalFarm, et al. v. Deukmejian, et al., 48 Cal.3d 805
						(1989).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.4 - Rights and Duties of Intervenors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 1861.10, 12921 and 12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Sections 791.15,1861.10(a), 12096, 1292.5 and
						12925, Insurance Code; and CalFarm, et al. v. Deukmejian, et al., 48 Cal.3d 805
						(1989).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.5 - Participation Without Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Sections 791.15,838.5, 12096, 12921.5 and 12925,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.6 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code. Reference: Sections 1861.05(c), and 1861.08 and 1861.10(a),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al. , May 4, 1989, Supreme Court No. S007838, pp. 24-25, 89 Daily Journal DAR
						5837.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.7 - Certificate of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code. Reference: Sections 1861.05(b), (c), 1861.08 and 1861.10(a),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al. , May 4, 1989, Supreme Court No. S007838, pp. 24-25, 89 Daily Journal DAR
						5837.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.8 - Filing Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code. Reference: Sections 1861.05(b), (c), 1861.08 and 1861.10(a),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al. , May 4, 1989, Supreme Court No. S007838, pp. 24-25, 89 Daily Journal DAR
						5837.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 3 - Intervention in Quasi-Judicial Proceedings [Repealed] › Section 2617.9 - Submission of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code. Reference: Sections 1861.05(b),(c), 1861.08 and 1861.10(a),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al. , May 4, 1989, Supreme Court No. S007838, pp. 24-25, 89 Daily Journal DAR
						5837.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 4 - Participation in Quasi-Legislative Proceedings [Repealed] › Section 2618.1 - Adopting, Amending or Repealing a Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code; and section
						11152,
						Government Code. Reference: Section 11340 et seq., Government
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.5 - General Provisions › Article 4 - Participation in Quasi-Legislative Proceedings [Repealed] › Section 2618.2 - Title and File Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						12921 and
						12926,
						Insurance Code. Reference: Sections 1861.05(b), (c), 1861.08 and 1861.10(a),
						Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et
						al. , May 4, 1989, Supreme Court, No. S007838, pp. 24-25, 89 Daily Journal DAR
						5837.