California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 4.8 - Review of Rates
Article 6 - Procedures for Determination of Rates
Section 2646.1 - Hearings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except under extraordinary circumstances, as found by the Commissioner or administrative law judge, direct testimony shall be given in writing and shall not be delivered orally. Where a party has shown that the purposes of the Administrative Procedure Act, Government Code section 11500 et seq., would be frustrated by requiring it to provide a witness' testimony in writing, that witness shall be permitted to give that witness' direct testimony orally.
(b) The Commissioner or administrative law judge may limit the time for oral examination, may curtail repetitive arguments, and may require persons representing common positions to coordinate their presentations and to designate a common representative. In the interest of time, and consistent with the Administrative Procedure Act, Government Code section 11500 et seq., the Commissioner or administrative law judge may require matters to be submitted in writing in lieu of oral proceedings. Where necessary to a timely decision, the Commissioner or administrative law judge may direct that oral examination of witnesses be conducted by deposition and introduced in the record in writing, subject to the objections of all parties.
(c) Any order to expedite proceedings, such as by simultaneous examination of witnesses by deposition rather than in the hearing, shall not be entered without first giving due consideration to the effects on parties that may lack the resources to participate on such an expedited basis.
1. New section
filed 8-13-91 as an emergency; operative 8-13-91 (Register 92, No. 3). A Certificate
of Compliance must be transmitted to OAL 12-11-91 or emergency language will be
repealed by operation of law on the following day.
2. Repealed by
operation of Government Code section
11346.1(g)
(Register 92, No. 15).
3. New section refiled 2-14-92 as an emergency;
operative 2-14-92 (Register 92, No. 15). A Certificate of Compliance must be
transmittted to OAL 6-15-92 or emergency language will be repealed by operation of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 Repealed by operation of Government Code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)
and new section filed 3-15-95; operative 3-15-95. Submitted to OAL for printing only
pursuant to Government Code section
11343(a)(1)
(Register 95, No. 11).
5. Change without regulatory effect amending
subsection (a) filed 7-14-2021 pursuant to section
100, title 1, California Code of
Regulations (Register 2021, No. 29). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.
Note: Authority cited: Sections 1861.01 and 1861.05, Insurance Code; 20th Century v. Garamendi, 8 Cal.4th 216 (1994). Reference: Sections 1861.01, 1861.05 and 1861.08 of the Insurance Code; Calfarm Insurance Company v. Deukmejian (1989) 48 Cal.3d 805.
