(a) Form and Size. Pleadings and other documents submitted pursuant to this subchapter other than applications shall be typewritten or printed on paper 8- 1/2 inches wide and 11 inches long. Exhibits annexed thereto shall be folded to the same size. Unless preprinted, the impression shall be on one side of the paper only and shall be double-spaced, except that footnotes and quotations in excess of a few lines may be single-spaced. Pages of documents shall be consecutively numbered and fastened together without cover in any suitable manner other than plastic binding. Reproduction may be by any process, except facsimile machine, provided that all copies are clear and legible.(b) Title and File Number. The first page of any document submitted for filing shall show the full name, mailing address and telephone number of the person submitting it or that person's attorney, if any, the caption of the proceeding, the Department proceeding number (if assigned), and the title of the document. Sufficient space in the upper right-hand corner shall be left blank for a date stamp. Documents initiating new proceedings shall have a blank space for the Department to insert the proceeding number.
A Sample form appears in article 16 of subchapter 4.5, section 2630.2.
(c) Signatures. The original of each pleading shall be signed in ink by each person or their attorney. If the person is a corporation or association, the document shall be signed by an officer. any attorney for or other representative shall show his or her address and telephone number.(d) Verification. Petitions, answers, notices of defenses or amendments thereto shall be verified. If the party filing such pleadings is a corporation or association, the pleading must be verified by and officer. Verification may be made before a notary public or by declaration under penalty of perjury under California law.
A sample verification form appears in article 16 of subchapter 4.5, sections 2630.9-2630.11.
(e) Signature and Verification by Attorney. The attorney for a party may sign and verify any pleading if the party is absent from the county where the attorney's office is located, or for some other reason is unable to sign and verify the pleading. When a pleading is signed and verified by an attorney, the attorney shall set forth in a declaration the reasons why the verification is not made by the party.(f) Service of Pleadings. Whenever a pleading or other document is filed with the Insurance Commissioner, a certificate of service shall be attached thereto, indicating the date a copy was served on all other parties. The original certificate shall be submitted to the Insurance Commissioner and shall include a list of the name and addresses of the persons served. A sample certificate of service form appears in article 16 of subchapter 4.5, section 2630.12.(g) Copies. Unless otherwise required by the Insurance Commissioner, there shall be filed with the Insurance Commissioner an original and four copies of each pleading or other document other than an application, filed pursuant to this subchapter.(h) Amended Pleadings. Amended pleadings may be filed provided they are served upon all parties at least 10 days before the hearing. Thereafter, pleadings may be amended as permitted or directed by the hearing officer.(i) Place of Filing. Unless otherwise directed, all pleadings and other documents other than applications filed pursuant to this subchapter shall be filed with the Filing Office in Oakland.(j) Rejection of Documents. Pleadings which are not in substantial compliance with applicable statutes, these regulations, or an order of the Insurance Commissioner or hearing officer, may be rejected. When pleadings and other documents submitted for filing pursuant to this subchapter are rejected, the sender will be provided with the reasons for the rejection. Acceptance of a document for filing is not a determination that the document complies with all requirements and is not a waiver of those requirements. The Insurance Commissioner may require amendment of a document.(k) Acknowledgements. Any person who desires an acknowledgment by the Insurance Commissioner of the filing of a document he or she has submitted must so request and must furnish, at the time of submission, an extra copy of the letter of transmittal or of the document, and a self-addressed envelope with postage fully prepaid. Upon filing, the extra copy will be stamped and returned by mail to the requesting party.(l) Computation of Time. The time within which any document other than an application may be served or filed as provided by any statute, regulation, or direction of the Insurance Commissioner or a hearing officer shall be computed so as to exclude the first day and include the last day; provided, that when the last day of any such period falls on Saturday, Sunday or holiday under the laws of this State, the computation of time shall omit that day and include the first "business" day thereafter. When service is made by mail, the provisions of California Code of Civil Procedure section 1013 shall apply. When the service is made by personal delivery, the provisions of California Code of Civil Procedure section 1011 shall apply.Cal. Code Regs. Tit. 10, § 2197.2
1. New section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-4-91 order including amendment to subsections (b), (d) and (f) transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No. 36).
4. Change without regulatory effect amending subsection (i) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35). Note: Authority cited: Section 12921, Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al. (1989) 48 Cal.3d 805, 824. Reference: Section 1855.5, Insurance Code.
1. New section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-4-91 order including amendment to subsections (b), (d) and (f) transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No. 36).
4. Change without regulatory effect amending subsection (i) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).