(a) Equal consideration need not be given to each criterion described in Section 2591.3. The Department shall determine which criteria are relevant under the circumstances and shall determine the appropriate consideration to be given to those criteria. Neither inapplicability of one or more criteria nor absence of harm shall mitigate the effect of any relevant criterion.(b) The determinations made regarding the criteria that are relevant for purposes of the decision as to whether an enforcement action is to be pursued may differ from the determinations made in the same case regarding the criteria that are relevant for purposes of the decision as to the appropriate penalty. Likewise, the amount of consideration any relevant criterion is to receive for purposes of determining whether an enforcement action is to be pursued may, in the same case, differ from the amount of consideration, if any, which that criterion is to receive for purposes of determining the appropriate penalty.(c) In determining whether to pursue an enforcement action and in determining an appropriate penalty, the Department may, in circumstances it deems appropriate, consider matters not listed in Section 2591.3. When such other considerations enter into the settlement process, the basis for those considerations will be stated during the course of any settlement negotiations.(d) The provisions of this article do not affect the commissioner's discretion to take any other measures such as seeking an order requiring specific corrective action, a hearing in accordance with statute, or the suspension or revocation of an entity's license or certificate of authority. Nothing in this article shall, in any manner, abridge or constitute a waiver of the attorney-client, work product, deliberative process or other privilege, or other right of confidentiality, afforded by rule, regulation, case law or statute, including but not limited to the California Evidence Code and the Federal Rules of Evidence.Cal. Code Regs. Tit. 10, § 2591.4
1. New section filed 12-15-2003; operative 1-14-2004 (Register 2003, No. 51). Note: Authority cited: Sections 790.10 and 12921.1, Insurance Code; CalFarm Insurance Company v. Deukmejian, 48 Cal.3d 805 (1989); and 20th Century Insurance Company v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 704.7, 769.86, 789.3, 790.035, 790.036, 790.07, 790.10, 1858.07, 1858.1, 1858.3, 1859.1, 1861.14, 10140.1, 10140.5, 10149.1, 10199.7, 10234.3, 10509.9, 11756, 12414.25 and 12921.1, Insurance Code.
1. New section filed 12-15-2003; operative 1-14-2004 (Register 2003, No. 51).