Section 2648.2 - Receipt of Rate Application By Commissioner(a) For the purpose of Insurance Code section 1861.05, subdivision (c), a complete rate application shall be considered to have been received by the Commissioner on the date that all information, materials, and documents required by Section 2648.4 as part of a complete rate application have been delivered to the Department's Rate Regulation Branch by means of submittal using the System for Electronic Rate and Form Filing (SERFF).(b) Within 30 days of being delivered pursuant to subdivision (a) of this Section 2648.2, the Commissioner shall review rate applications for completeness as required by Insurance Code section 1861.05, subdivision (b). If the application includes all information, materials and documentation required by Section 2648.4, it is complete. If the Commissioner determines that the application is not complete because it does not include all information, materials and documentation required by Section 2648.4 for a complete rate application, notice stating the grounds for incompleteness will be given to the insurer within the 30 day period and the application will be rejected. Within 10 days of the date that such notice is given, the insurer may request a hearing on the rejection.(c) The hearing shall be held within 10 days of receipt of the request by the Department's Rate Enforcement Bureau. The scope of the hearing shall be limited to the completeness of the application.(d) If, after a hearing, an application is determined to have been complete when filed, then the 180 day period specified in Insurance Code section 1861.05, subdivision (c) shall have commenced on the date the application was first filed. If the application is determined to be incomplete, then it shall remain rejected.(e) Rejection of an application for incompleteness shall not bar the refiling of a complete application.(f) Public notice of the complete rate application as required by Insurance Code section 1861.05, subdivision (c) shall be made within 10 days after the Commissioner determines that an application is complete.Cal. Code Regs. Tit. 10, § 2648.2
Note: Authority cited: Sections 1861.05 and 1861.055, Insurance Code. Reference: Sections 1861.05 and 1861.055, Insurance Code.
Note: Authority cited: Sections 1861.05 and 1861.055, California Insurance Code. Reference: Sections 1861.05 and 1861.055, California Insurance Code.
1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL 11-8-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-12-93 order transmitted to OAL 11-3-93 and filed 12-17-93 (Register 93, No. 51).
3. 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).
4. Amendment of section heading, subsections (a)-(b), (d) and (f) and NOTE filed 10-8-2024; operative 10/8/2024 pursuant to Government Code section 11343.4(b)(3). Exempt from the APA and OAL review pursuant to Government Code section 11340.9(g). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2024, No. 41).