California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings
Article 7 - Evidence
Section 2655.1 - Discovery

(a) The Department may include a discovery request with a notice of hearing. If it does so within twenty (20) days following the service of a discovery request, the insurer shall deliver to the Department and any interveners copies of all items requested that meet the standards of discoverable items in Government Code section 11507.6, liberally construed. The insurer and any intervener may also request discovery concurrently with the filing and service of each party's initial pleading. The written response to any discovery request other than a discovery request served with the Notice of Hearing shall be served on the requesting party within ten (10) days of service of the discovery request. Upon mutual agreement of all parties and interveners:

(b) A response shall also contain a list specifically identifying the items not produced that are responsive to the request, in a form that can be read in connection with the specifically stated objections for each requested item that is not made available. The withholding party shall specify precisely why the stated objection applies to the specific item withheld.

When a party withholds information otherwise discoverable by claiming it is privileged, that party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the specifically asserted privilege or protection. Simultaneously, the withholding party shall also draft and provide a confidentiality agreement to the other parties and the administrative law judge if a confidentiality agreement can protect the interest in nondisclosure.

Nothing in this section shall require any party to disclose information contained in a document which is privileged from disclosure by law or otherwise made legally confidential or protected as an attorney's work product.

(c) Any party claiming that a request for discovery has not been complied with shall, within five (5) business days of receipt of the responses referred to in (b) above, meet and confer with the party from whom discovery is sought to attempt to resolve the discovery dispute.

(d) Any party claiming that a request for discovery has not been complied with following the meet and confer session shall, within five (5) business days of the meet and confer session, file and serve a motion to compel discovery accompanied by a copy of the original discovery request and response thereto. The motion to compel discovery shall contain a statement specifying why the requested information is sought, and include facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. The party from whom discovery is sought shall file and serve any additional response within five (5) business days of service of the motion. The administrative law judge shall set a hearing on the motion for a time within ten (10) business days after filing of the response. At or before the commencement of the hearing, the administrative law judge shall inform the parties of the administrative judge's tentative ruling on the motion. The administrative law judge shall issue a decision on the motion to compel discovery within five (5) business days of the date of the hearing on the motion to compel discovery.

(e) Nothing in this section shall prohibit the administrative law judge, in appropriate circumstances, from ordering in camera inspection of documents or entering a protective order for documents not subject to California Insurance Code section 1861.07. Nothing in this section shall prohibit the administrative law judge from extending the time frame for discovery for good cause shown.

(f) Any party who disagrees with a decision of the administrative law judge on a motion to compel discovery and desires review of the decision may, within five (5) business days of the date of service of the decision regarding discovery, request the Commissioner to review the discovery decision of the administrative law judge. The request shall be provided to the Oakland office of the Commissioner, 1901 Harrison Street, 3rd Floor Mailroom, Oakland, CA 94612 and served on all parties and the administrative law judge. The request shall specify why the party believes the decision of the administrative law judge is in error. The Commissioner shall review the decision of the administrative law judge, as well as all pleadings filed in connection with the motion to compel discovery and the transcript of the hearing on the motion to compel discovery, and issue a decision within fifteen (15) days of receipt of the request to review. The hearing schedule shall be stayed during the time of the Commissioner's review.

(g) All discovery requests, responses, and/or motions to compel discovery shall be made in good faith, and the administrative law judge shall strike any discovery request, response, and/or motion to compel intended only to delay, harass, or intimidate. No discovery request or response shall be stricken except on written request of a party, filed no later than five (5) business days after service of the discovery request, response, or motion to compel discovery and following notice and an opportunity to be heard. The hearing shall be held no later than ten (10) business days after filing of the request. Any party may file a written response to a request within five (5) business days of filing of the request.

(h) Unless a party files a motion to compel discovery, discovery requests, responses thereto, and lists of items not produced shall not be filed with the Administrative Hearing Bureau.