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 2509.58 - Hearing Officer-Authority
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The hearing officer shall exercise all powers relating to the conduct of the hearing.
(b) The hearing officer may conduct all or part of the proceeding by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits, which shall have been previously received by all parties and by the hearing officer.
(c) The hearing officer shall control the course of the proceedings; rule upon requests for continuances; administer oaths; issue subpoenas; rule on the various motions and objections of the parties; receive evidence, including additional documents; upon notice, hold appropriate conferences before or during hearings; receive offers of proof; hear argument; approve or reject proposed stipulations; and, fix the time and place for the filing of written comment or briefs.
(d) The hearing officer may limit the use of witnesses, testimony, evidence, argument, pleadings, and intervention. However, the parties must be given a reasonable opportunity to be heard, including the opportunity to present and rebut evidence.
(e) The hearing officer shall take any other action necessary or appropriate to the discharge of his or her duties, consistent with the statutory or other authority under which the Commissioner functions. The hearing officer may issue such orders compelling the compliance of the parties and other persons subject to the jurisdiction of the Commissioner as are necessary to the discharge of his or her official duties. Article 12 of Chapter 4.5 of the Administrative Procedure Act (commencing with Government Code section 11455.10), is adopted, and is applicable to these proceedings.
(f) The Commissioner shall exercise all authority set forth in this section until a proceeding is assigned to a hearing officer.
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(f), 11753.1(a) and 11753.1(b), Insurance Code.
