California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings
Article 8 - Stipulations and Settlements
Section 2656.2 - Rejection of Stipulation or Settlement

Universal Citation: 10 CA Code of Regs 2656.2

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

(a) The administrative law judge shall reject a proposed stipulation or settlement whenever, in the administrative law judge's judgment, the stipulation or settlement is not in the public interest and is not, taken as a whole, fundamentally fair, adequate, and reasonable. Upon rejection, the administrative law judge may propose acceptable alternative terms to the parties and allow the parties reasonable time to consider those terms. Any party may, in writing and within three (3) days of the administrative law judge's rejection of a proposed stipulation or settlement, request the Commissioner's review of that rejection. A copy of any request shall be filed with the Administrative Hearing Bureau.

1. New 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 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency language will be repealed by operation of law on the following day.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. Amendment filed 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
4. 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: Section 1861.055, Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections 1861.055 and 1861.08, Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994).

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