Cal. Code Regs. tit. 10 § 2614.8

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2614.8 - Requests for Discovery

(a) A party, upon written request made to another party, prior to the hearing and within 30 days after a request for hearing has been served, is entitled to obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and inspect and make a copy of any of the following in the possession or custody or under the control of the other party:

(1) A statement pertaining to the subject matter of the proceeding made by any party to another party or person;

(2) statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (1) above;

(3) investigative reports made by or on behalf of the Department or other party pertaining to the subject matter of the proceeding, to the extent that these reports contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding; or reflect matters perceived by the investigator in the course of the investigator's investigation; or contain or include by attachment any statement or writing described in (1) or (2) or summary thereof;

(4) any other document or thing which is relevant and which would be admissible in evidence.

(b) For the purpose of this section, "documents" means a writing as defined in Evidence Code section 250 and "statements" includes written statements by the person signed or otherwise authenticated by the person, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of these oral statements.

(c) The written response to any discovery request shall be served on the requesting party within fifteen (15) days of service of the discovery request. Upon mutual agreement of all parties and interveners:

1) written documents may be converted into another mutually agreeable format, such as electronic or magnetic, and made readily available, or

2) a depository of original items may be used in place of delivery of copies, but the depository shall be open beyond regular business hours upon request of a party or intervener. The parties shall have an ongoing duty to produce additional items pursuant to whichever method is agreed upon as new items become relevant.

(d) 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 or hearing officer if a confidentiality agreement can protect the interest in nondisclosure.

(e) If new information is discovered at any time during the course of the hearing, it shall be called to the attention of the administrative law judge or hearing officer immediately, who may grant discovery thereon if requested by a party. The administrative law judge or hearing officer shall specify the scope and timing of any such additional discovery.

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

(g) Nothing in this section shall limit the Commissioner's investigatory powers as otherwise provided by statute including, but not limited to, Insurance Code Section 12924.

Cal. Code Regs. Tit. 10, § 2614.8

1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Change without regulatory effect amending subsections (a)(3) and (b) 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 and 1858.2, Insurance Code.