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 2509.69 - The Insurance Commissioner's Decision
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 60 days after the case is submitted for decision, the hearing officer shall prepare and deliver to the Commissioner a proposed decision in a form that may be adopted as the decision in the case. Failure of the hearing officer to deliver a proposed decision within the time required does not prejudice the rights of the Department in the case.
(b) The Commissioner shall issue his or her decision within 60 days of receipt of the proposed decision.
(c) The Commissioner may adopt the proposed decision in its entirety or he may make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Commissioner under this subsection 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.
(d) If the proposed decision is not adopted as provided in subsection (c), the Commissioner may decide the case upon the record, including the transcript, or an agreed statement of the parties, with or without taking additional evidence, or may refer the case to the same hearing officer if reasonably available, otherwise to another hearing officer, to take additional evidence. Upon request, a copy of the record shall be made available to the parties, at their cost.
(e) If the case is assigned to a hearing officer, he or she shall prepare a proposed decision as provided in subsection (a) upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing.
(f) The Commissioner shall decide no case provided for in subsection (e) without affording the parties the opportunity to present either oral or written argument before the Commissioner.
(g) The proposed decision shall be deemed adopted by the Commissioner 60 days after delivery by the hearing officer, unless within that time
(h) If the Commissioner finds that a further delay is required by special circumstances, he or she shall issue an order delaying the decision for no more than 30 days and specifying the reasons therefor.
(i) The final decision of the Commissioner, or the proposed decision that was deemed adopted pursuant to subsection (g) above, shall be a public record and a copy shall be served on each party and his or her representative of record by registered or certified mail.
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.
