Cal. Code Regs. tit. 10 § 2654.1

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 2654.1 - Authority

(a) To the extent not otherwise specified by law or regulation, the administrative law judge shall: control the course of proceedings; grant or deny requests for continuances; administer oaths; issue subpoenas; rule on motions to compel discovery; receive evidence; upon notice, hold appropriate conferences before or during hearings; rule upon all objections or motions which do not involve final determination of proceedings; receive offers of proof; hear argument; recommend to the Commissioner approval or disapproval of proposed stipulations and settlements; and, except as set forth in section 2657.1, fix the time and place for the filing of briefs.

(b) The administrative law judge shall eliminate unnecessary delay in the progress and ultimate resolution of the proceeding, assume and maintain control over the pace of the proceeding, actively manage the proceeding from commencement to disposition, and compel all parties to prepare and resolve all issues without delay. The administrative law judge shall discourage continuances, only granting continuances for good cause shown. Good cause includes circumstances such as serious illness of a participant in the proceeding, death in the family of a participant in the proceeding, or jury duty obligations of a participant in the proceeding.

(c) The administrative law judge shall, when appropriate, consolidate cases and/or require coordination and cooperation among multiple intervenors. The administrative law judge may limit the number of witnesses, the time for testimony upon a particular issue, and use other procedures in order to avoid unnecessarily cumulative evidence or the undue consumption of time. The administrative law judge shall take any other action necessary or appropriate to the discharge of the administrative law judge's duties, consistent with the statutory or other authority under which the Commissioner functions.

(d) The presiding administrative law judge, who directs the Administrative Hearing Bureau and all other administrative law judges, shall exercise all authority set forth in this section until a proceeding is assigned to an administrative law judge.

Cal. Code Regs. Tit. 10, § 2654.1

1. New article 6 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. Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Change without regulatory effect amending subsection (d) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
4. Change without regulatory effect amending subsection (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 1861.055, Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections 1861.055 and 1861.08(a), Insurance Code, Sections 11512 and 11513, Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994).