Cal. Code Regs. tit. 10 § 2614

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2614 - Definitions and Applicability

In this subchapter unless the context or subject matter otherwise requires:

(a) "Department" means the California Department of Insurance.

(b) "Commissioner" means the Insurance Commissioner.

(c) "Enforcement action" means any action based upon an allegation by the Department that an insurer, organization, group or association, or any rate, rating plan, rating system, or underwriting rule does not comply with the requirements and standards of Chapter 9 of the California Insurance Code entitled Rates and Rating and Other Organizations.

(d) "Party" includes the Department, the respondent, intervenors, and any person, other than an officer or an employee of the Department in that officer or employee's official capacity, who has been allowed to appear or participate in the proceeding.

(e) "Respondent" means any person or entity against whom a Notice of Noncompliance is filed.

(f) "Intervenor" means any person or entity whose petition to intervene pursuant to California Insurance Code section 1861.10 has been granted.

(g) "Notice of noncompliance" means the administrative document issued by the Commissioner. A notice of noncompliance shall set forth in ordinary and concise language in what manner and to what extent non-compliance is alleged to exist.

(h) "Administrative Hearing Bureau" means that office, within the office of the Commissioner and, except where otherwise specified in this subchapter, designated for receipt of all pleadings filed pursuant to this subchapter.

(i) "Administrative law judge" means a judge in the Administrative Hearing Bureau within the office of the Commissioner.

(j) "Hearing Officer" means a person appointed by the Commissioner to conduct a noncompliance hearing.

Cal. Code Regs. Tit. 10, § 2614

1. New subchapter 4.3, article 1 (sections 2614-2614.27) and section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Amendment of section heading and first paragraph filed 12-30-2010; operative 12-30-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 53).
3. Change without regulatory effect amending subsection (d) 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.

1. New subchapter 4.3, article 1 (sections 2614-2614.27) and section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Amendment of section heading and first paragraph filed 12-30-2010; operative 12-30-2010 pursuant to Government Code section 11343.4(Register 2010, No. 53).
3. Change without regulatory effect amending subsection (d) 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.