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 2509.44 - Acknowledgment of Receipt and Notice of Review

Universal Citation: 10 CA Code of Regs 2509.44

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Within thirty (30) days after service of a Complaint and Request for Action, the insurer or rating organization shall serve the applicant with a written acknowledgment of receipt of the Complaint and Request for Action and a notice either granting or denying review of the Complaint and Request for Action. If the insurer or rating organization fails to grant or reject review of the Complaint and Request for Action within thirty (30) days after the request is served, the applicant may proceed in the same manner as if the Complaint and Request for Action had been rejected. Time limitations for an appeal to the Commissioner shall not begin to run until this acknowledgment and notice has been served, unless a decision has been served pursuant to Section 2509.45, below. The acknowledgment shall include the information specified in Section 2509.45(d) and include the following statements:

(1) The insurer or rating organization's failure to grant or reject review of the Complaint and Request for Action within thirty (30) days of service of such Complaint and Request for Action constitutes a rejection of the Complaint and Request for Action.

(2) The insurer or rating organization's failure to grant or reject the Complaint and Request for Action within sixty (60) days after the insurer or rating organization has served the applicant with a notice granting the request for review constitutes a rejection of the Complaint and Request for Action.

(3) An appeal may be taken to the Commissioner from:
(A) a written rejection of review of the Complaint and Request for Action;

(B) a written rejection of the Complaint and Request for Action;

(C) failure of an insurer or rating organization to grant or reject a review of a Complaint and Request for Action or failure to grant or reject a Complaint and Request for Action within the time specified.

(4) Time limitations for an appeal to the Commissioner do not begin to run until this acknowledgment and notice have been served on the applicant, unless a decision on the Complaint and Request for Action has been served on the applicant, in which case an appeal to the commissioner must be filed within 30 days of service of the decision. If an acknowledgment and notice have been served, but no decision has been served within the time limits specified, an appeal may be taken to the Commissioner within 120 days after service of the Complaint and Request for Action on the insurer or rating organization.

(b) Where the acknowledgement concerns a Request for Policyholder Information, the acknowledgment shall also indicate that if the request is rejected in whole or in part, the rating organization is required to provide reasons for any rejection in writing and that an appeal may be taken to the Commissioner from a complete or partial written rejection of the request pursuant to Insurance Code section 11753.1. The rating organization shall serve a copy of a Complaint and Request for Action which concerns a Request for Policyholder Information, and a copy of the acknowledgment of receipt, upon insurers to which the request for policyholder information pertains. The service of these documents satisfies the duty to notify insurers imposed upon rating organizations by subdivision (a) of Insurance Code section 11752.6.

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(c), 11753.1(a) and 11753.1(b), Insurance Code.

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