Cal. Code Regs. tit. 10 § 2651.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2651.1 - Definitions

The following definitions shall apply to Subchapter 4.9.

(a) "Administrative Hearing Bureau" means that office within the office of the Commissioner at 1901 Harrison Street, 3rd Floor Mailroom, Oakland, CA 94612 and, except where otherwise specified in this subchapter, designated for receipt of all pleadings filed pursuant to this subchapter.

(b) "Applicant" means the insurer presenting, on the form prescribed by the Commissioner and specified in section 2648.4, an application to change any rate pursuant to California Insurance Code section 1861.05(b).

(c) "Application" means the form prescribed by the Commissioner and specified in section 2648.4, together with all supporting information included with that form, which every insurer seeking to change any rate pursuant to California Insurance Code section 1861.05(b) must provide.

(d) "Day", unless otherwise specified in these regulations, means a calendar day. "Business days" include all days except Saturdays, Sundays, and any holiday set forth in California Government Code section 6700. The time within which any pleading may be filed or served shall exclude the first day and include the last day; however, when the last day falls on a Saturday, Sunday or holiday the time computation shall exclude that day and include the next business day.

(e) "Filing" means the act of delivery of a paper pleading to the Administrative Hearing Bureau. An original and one (1) copy of each pleading shall be filed with the Administrative Hearing Bureau. A specific pleading may be filed by facsimile or electronic transmission only when authorized by the administrative law judge.

(f) "Party" means the insurer whose rates are the subject of the proceeding, any person whose petition to intervene in the proceeding has been granted pursuant to section 2661.3(g), and the Department.

(g) "Pleading" means any petition, notice of hearing, notice of defense, answer, motion, request, response, brief, or other formal document filed with the Administrative Hearing Bureau pursuant to this subchapter. The original of each pleading shall be signed by each party or the party's attorney or representative.

(h) "Proceeding" means any action conducted pursuant to Article 10 of Chapter 9 of Part 2 of Division 1 of the California Insurance Code, entitled "Reduction and Control of Insurance Rates," including a rate proceeding established upon the submission of a petition for hearing pursuant to California Insurance Code section 1861.05 and section 2653.1 of this subchapter.

(i) "Service" means to provide a copy of a pleading to every other party in the proceeding in conformity with California Code of Civil Procedure sections 1011 and 1013. When a party files a pleading, the party shall concurrently serve that pleading on all other parties in the proceeding. All filed pleadings shall be accompanied by an original declaration of service in conformity with California Code of Civil Procedure sections 1011 and 1013. All served pleadings shall be accompanied by a copy of the declaration of service. An employee of a party may sign a declaration of service.

A specific pleading may be served by facsimile or electronic transmission when authorized by the receiving party.

A sample declaration of service form can be found in section 2623.9.

(j) "Settlement" means an agreement among some or all of the parties to a proceeding on a mutually acceptable outcome to the proceeding.

(k) "Stipulation" means an agreement among some or all of the parties to a proceeding on the resolution of any issue of fact or the applicability of any provision of law material to the proceeding.

(l) "Submit" means the act of delivery of a pleading to the Rate Enforcement Bureau.

Cal. Code Regs. Tit. 10, § 2651.1

1. New article 3 and 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. Editorial correction of second paragraph of subsection (d) (Register 96, No. 5).
3. Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5)
4. Amendment of subsections (a), (e), (g) and (i) filed 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
5. Amendment of subsection (h) filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).
6. Change without regulatory effect amending subsection (e) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
7. Change without regulatory effect amending subsection (a) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).

Note: Authority cited: Sections 1861.05 and 1861.055, Insurance Code; Cal-Farm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805, 824 (1989); and 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections 1861.05(c), 1861.055 and 1861.08, Insurance Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989); and 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994).