California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings
Article 5 - Petition for Hearing
Section 2653.1 - Petition for Hearing

Universal Citation: 10 CA Code of Regs 2653.1

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

(a) Any person, whether as an individual, representative of an organization, or on behalf of the general public, may request a hearing by submitting a petition for hearing ("petition"), which is a pleading containing:

(1) An objection to the granting, in whole or in part, of the rate requested in an application, or other request to initiate a proceeding and the basis therefor; and

(2) A request for a public hearing; and

(3) An offer of the evidence which the person requesting the hearing would present or elicit at the public hearing.

(b) A petition for hearing shall state, in plain language, the facts constituting grounds for the request for hearing, and the relief sought. A petition submitted in response to an application shall list the line(s) of insurance for which the rate change is sought, the percentage rate change for each line, and the Department's Rate Filing Bureau application number(s).

(c) When a petition for hearing is submitted, the petitioner shall serve a copy on each insurer named in the petition.

(d) All petitions for hearing shall be available for public inspection at the Department's public viewing rooms in Los Angeles and Oakland.

(e) A sample petition for hearing form can be found in section 2660.2.

1. New article 5 and section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Change without regulatory effect amending subsection (d) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).

Note: Authority cited: Sections 1861.05(c) and 1861.055, Insurance Code; Cal-Farm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections 1858, 1861.05(c), 1861.055 and 1861.10, Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994).

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