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 2509.46 - Appeals to the Insurance Commissioner; Time Frame for Filing Written Appeal
An appeal to the Insurance Commissioner from a written decision of an insurer or rating organization shall be filed within thirty (30) days after service of rejection of review of the Complaint and Request for Action or service of rejection of the Complaint or Request for Action. If an insurer or rating organization fails to serve a written decision, the appeal shall be filed within one hundred and twenty (120) days after service of the Complaint and Request for Action upon the insurer or rating organization. If a request for reconsideration was made pursuant to section 2509.45(b), an appeal shall be filed within thirty (30) days after service of the decision on reconsideration, or if the insurer or designated rating organization fails to serve a written decision on reconsideration, the appeal shall be filed within sixty (60) business days after service of the request for reconsideration. The time to appeal shall not exceed one year after the Complaint and Request for Action was served on the insurer or rating organization. However, the hearing officer may grant further time for the filing of an appeal if he or she determines that the delay was caused by the excusable neglect of the appellant or other circumstances beyond the reasonable control of the appellant.
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repealed by operation of law on the following day.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repealed by operation of law on the following day.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.
