California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval › Article 3 - Hearing Procedures › Section 2197.2 - Procedural Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Form and Size. Pleadings and other documents submitted pursuant to this
				  subchapter other than applications shall be typewritten or printed on paper 8-
				  1/2 inches wide and 11 inches long. Exhibits annexed thereto shall be folded to
				  the same size. Unless preprinted, the impression shall be on one side of the
				  paper only and shall be double-spaced, except that footnotes and quotations in
				  excess of a few lines may be single-spaced. Pages of documents shall be
				  consecutively numbered and fastened together without cover in any suitable
				  manner other than plastic binding. Reproduction may be by any process, except
				  facsimile machine, provided that all copies are clear and legible.
(b) Title and File Number. The first page of
				  any document submitted for filing shall show the full name, mailing address and
				  telephone number of the person submitting it or that person's attorney, if any,
				  the caption of the proceeding, the Department proceeding number (if assigned),
				  and the title of the document. Sufficient space in the upper right-hand corner
				  shall be left blank for a date stamp.
Documents initiating new proceedings shall have a blank
					 space for the Department to insert the proceeding number.
A Sample form appears in article 16 of subchapter 4.5,
					 section 2630.2.
(c) Signatures. The original of each pleading
				  shall be signed in ink by each person or their attorney. If the person is a
				  corporation or association, the document shall be signed by an officer. any
				  attorney for or other representative shall show his or her address and
				  telephone number.
(d) Verification.
				  Petitions, answers, notices of defenses or amendments thereto shall be
				  verified. If the party filing such pleadings is a corporation or association,
				  the pleading must be verified by and officer.
Verification may be made before a notary public or by
					 declaration under penalty of perjury under California law.
A sample verification form appears in article 16 of
					 subchapter 4.5, sections
					 2630.9-2630.11.
(e) Signature and Verification by Attorney.
				  The attorney for a party may sign and verify any pleading if the party is
				  absent from the county where the attorney's office is located, or for some
				  other reason is unable to sign and verify the pleading. When a pleading is
				  signed and verified by an attorney, the attorney shall set forth in a
				  declaration the reasons why the verification is not made by the
				  party.
(f) Service of Pleadings.
				  Whenever a pleading or other document is filed with the Insurance Commissioner,
				  a certificate of service shall be attached thereto, indicating the date a copy
				  was served on all other parties. The original certificate shall be submitted to
				  the Insurance Commissioner and shall include a list of the name and addresses
				  of the persons served. A sample certificate of service form appears in article
				  16 of subchapter 4.5, section
				  2630.12.
(g) Copies. Unless otherwise required by the
				  Insurance Commissioner, there shall be filed with the Insurance Commissioner an
				  original and four copies of each pleading or other document other than an
				  application, filed pursuant to this subchapter.
(h) Amended Pleadings. Amended pleadings may
				  be filed provided they are served upon all parties at least 10 days before the
				  hearing. Thereafter, pleadings may be amended as permitted or directed by the
				  hearing officer.
(i) Place of
				  Filing. Unless otherwise directed, all pleadings and other documents other than
				  applications filed pursuant to this subchapter shall be filed with the Filing
				  Office in Oakland.
(j) Rejection of
				  Documents. Pleadings which are not in substantial compliance with applicable
				  statutes, these regulations, or an order of the Insurance Commissioner or
				  hearing officer, may be rejected. When pleadings and other documents submitted
				  for filing pursuant to this subchapter are rejected, the sender will be
				  provided with the reasons for the rejection. Acceptance of a document for
				  filing is not a determination that the document complies with all requirements
				  and is not a waiver of those requirements. The Insurance Commissioner may
				  require amendment of a document.
(k) Acknowledgements. Any person who desires
				  an acknowledgment by the Insurance Commissioner of the filing of a document he
				  or she has submitted must so request and must furnish, at the time of
				  submission, an extra copy of the letter of transmittal or of the document, and
				  a self-addressed envelope with postage fully prepaid. Upon filing, the extra
				  copy will be stamped and returned by mail to the requesting party.
(l) Computation of Time. The time within
				  which any document other than an application may be served or filed as provided
				  by any statute, regulation, or direction of the Insurance Commissioner or a
				  hearing officer shall be computed so as to exclude the first day and include
				  the last day; provided, that when the last day of any such period falls on
				  Saturday, Sunday or holiday under the laws of this State, the computation of
				  time shall omit that day and include the first "business" day thereafter. When
				  service is made by mail, the provisions of California Code of Civil Procedure
				  section
				  1013
				  shall apply. When the service is made by personal delivery, the provisions of
				  California Code of Civil Procedure section
				  1011
				  shall apply.
1. New
					 section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91
					 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by
					 6-4-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 2-4-91 order
					 including amendment to subsections (b), (d) and (f) transmitted to OAL 5-17-91
					 and filed 6-17-91 (Register 91, No. 36).
4. Change without
					 regulatory effect amending subsection (i) filed 8-27-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 35).
Note: Authority cited: Section
						12921,
						Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al.
						(1989) 48 Cal.3d 805, 824. Reference: Section
						1855.5,
						Insurance Code.