California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 9 - Insurance Fraud
Article 3 - Program for Investigation and Prosecution of Workers' Compensation Insurance Fraud
Section 2698.58 - Fraud Assessment Commission Review and Consent
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Before funds can be distributed to the District Attorneys, the Commissioner shall make a determination, based on the recommendation of the Review Panel and with the advice and consent of the Fraud Division as to the most effective distribution of moneys, and shall forward the Commissioner's decision on the funding distribution to the Chair of the Fraud Assessment Commission within five business days of the date of the Review Panel's recommendation on funding for the Commission's advice on and consent to the funding distribution. The Fraud Assessment Commission shall notify the Commissioner in writing within ten business days of receipt of the Commissioner's decision whether it agrees or if it does not agree with the recommended funding distribution.
(b) In the event that the Commission does not agree with the Commissioner's recommended funding distribution, the Commission shall set forth, in writing, the basis upon which its consent has been withheld and shall forward such written decision to the Commissioner within ten business days along with a written request for reconsideration. If the Commission indicates that it does not agree with the Commissioner's funding distribution, the Commissioner shall reconsider the distribution based upon the written advice of the Commission.
(c) After reconsideration of the distribution, the Commissioner shall forward to the Commission, within ten business days, the Commissioner's written recommendation upon reconsideration. If the Commission withholds its consent to the Commissioner's reconsidered funding distribution, the Commission shall set forth, in writing, the basis upon which its consent has been withheld and shall forward such written decision within ten business days, along with a request for submission of a revised County Plan, to the District Attorney(s) submitting the disapproved County Plan.
1. New section
filed 10-8-93; operative 11-8-93 (Register 93, No. 41).
2. Change without
regulatory effect amending subsection (c) filed 12-13-93 pursuant to section
100, title 1, California Code of
Regulations (Register 93, No. 51).
3. Change without regulatory effect
amending subsections (a) and (c) 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 1872.83, Insurance Code; CalFarm Insurance Company, et al. v. Deukmejian, et al. (1989) 48 Cal.3d 805, 824. Reference: Section 1872.83, Insurance Code.
