Section 2614.24 - Proposed Decision(a) The administrative law judge or hearing officer shall prepare within 60 days after the record is closed a proposed decision in a form that may be adopted by the Commissioner as the final decision in the case. Failure of the administrative law judge or hearing officer to deliver a proposed decision within the time required does not prejudice the rights of the Commissioner in the case.(b) Within 100 days of receipt by the Commissioner of the administrative law judge's proposed decision, the Commissioner may act as prescribed in subparagraphs (b)(1) to (5), inclusive. If the Commissioner fails to act as prescribed in subparagraphs (b)(1) to (5), inclusive, within 100 days of receipt of the proposed decision, the proposed decision shall be deemed adopted by the Commissioner. The Commissioner may do any of the following: (1) Adopt the proposed decision in its entirety.(2) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision.(3) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Commissioner under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision.(4) Reject the proposed decision and refer the case to the same administrative law judge or hearing officer if reasonably available, otherwise to another administrative law judge or hearing officer, to take additional evidence. If the case is referred to an administrative law judge or hearing officer pursuant to this subparagraph, the administrative law judge or hearing officer shall prepare a revised proposed decision based upon the additional evidence and the transcript and other papers that are part of the record of the prior hearing. A copy of the revised proposed decision shall be furnished to each party or each party's attorney as prescribed in subparagraph (c).(5) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence.(c) The decision of the Commissioner shall be filed immediately by the Department as a public record and a copy shall be served on each party or the party's attorney.Cal. Code Regs. Tit. 10, § 2614.24
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Change without regulatory effect amending subsection (b)(4) 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 11400.20, Government Code. Reference: Sections 1858, 1858.01, 1858.1, 1858.2 and 1858.3, Insurance Code.
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Change without regulatory effect amending subsection (b)(4) 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.