Section 2661.3 - Procedure for Intervention in a Rate or Class Plan Proceeding(a) A person desiring to intervene and become a party to a rate or class plan proceeding shall file a petition to intervene which shall be drafted in compliance with sections 2652.1-2652.4 of this subchapter. A person who petitions for a hearing may combine a petition to intervene with a petition for hearing in one pleading.(b) The Petition shall cite the law authorizing the proposed intervention and shall contain the petitioner's interest in the proceeding, the specific issues to be raised and the positions to be taken on each issue to the extent then known, and the name, address, and telephone number of the petitioner. The verified petition shall include a statement that the intervenor or advocate will be able to attend and participate in the proceeding without delaying the proceeding or any other proceedings before the Commissioner.(c) The Petition shall also state whether the petitioner intends to seek compensation in the proceeding, and, if so, contain an itemized estimated budget for the participation in the proceeding, which shall set forth the following:(1) separate listings of the rates for each attorney advocate or non-attorney advocate, including: (A) the names of each attorney advocate or non-attorney advocate,(B) the rates to be claimed for each attorney advocate or non-attorney advocate,(C) a description of the work to be performed by each attorney advocate or non-attorney advocate, an estimate of the time to be spent to perform that work and the rates, fees and costs associated with that work; and,(2) separate listings of the rates for each witness, including: (A) the names of each witness and their areas of expertise,(B) the rates to be claimed for each witness,(C) a description of the work to be performed by each witness, an estimate of the time to be spent to perform that work and the rates, fees and costs associated with that work; Rates contained in the estimated budget shall not exceed market rates. Submission of the budget shall not guarantee the payment of the dollar amounts set forth in the budget. The lack of objection to any item in the budget shall not imply approval of the budget.
(d) An amended budget shall be submitted as soon as possible when the intervenor learns that the total estimated budget amount increases by $10,000 or more.(e) A Petition to Intervene in a rate or class plan proceeding may be submitted to the Rate Enforcement Bureau concurrently with a petition for hearing submitted pursuant to section 2653.1 of this subchapter or filed with the Administrative Hearing Bureau after a hearing is granted, and shall be considered an "additional pleading" within the meaning of Government Code Section 11507.6. A copy of the Petition to Intervene shall be served on the Public Advisor and all of the parties to the proceeding.(f) Within five (5) days after filing of the Petition to Intervene, any other party may file a response to the Petition to Intervene. Any party claiming that the petitioner does not represent the interests of consumers shall so state in the response, which shall include any supporting documentation. The petitioner may reply to any allegation in the response and may reply to the allegation that it does not represent the interests of consumers within three (3) days of filing of the response.(g) If a person who files a petition for a hearing and a Petition to Intervene meets the requirements of this section, represents the interests of consumers pursuant to Insurance Code section 1861.10(b) and is otherwise eligible to seek compensation in proceedings before the Department pursuant to section 2662.2 of this subchapter, that person's Petition to Intervene shall be granted within fifteen (15) days of its submission. If a petition for a hearing has already been granted, the administrative law judge shall rule on any Petition to Intervene subsequently filed by any person within 20 days of its filing with the Administrative Hearing Bureau.(h) No person whose petition has been granted shall be permitted to reopen matters decided before the petition is granted without a showing of good cause.Cal. Code Regs. Tit. 10, § 2661.3
1. Renumbering and amendment of former section 2617.3 to new section 2661.3 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. Renumbering and amendment of former section 2617.3 to new section 2661.3 refiled 12-19-95 as an emergency; operative 12-19-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-17-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-95 order transmitted to OAL April 17, 1996; disapproved by OAL and order of repeal as to 12-19-95 order filed 5-30-96 (Register 96, No. 22).
4. New section filed 5-30-96 as an emergency; operative 5-30-96 (Register 96, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-30-96 order, including amendment to subsections (b), (f) and (g), transmitted to OAL 9-26-96 and filed 11-5-96 (Register 96, No. 45).
6. Amendment of subsections (e) and (g) filed 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
7. Amendment of section heading and subsections (a), (e) and (h)-(g) filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).
8. Change without regulatory effect amending subsections (a) and (e) filed 3-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 13). Note: Authority cited: Section 1861.10, Insurance Code; and 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 1861.10(a) and 1861.10(b), Insurance Code; and CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989), 20th Century Insurance Company et al. v. John Garamendi 8 Cal. 4th 216, 32 Cal. Rptr. 2d 807 (1994).
1. Renumbering and amendment of former section 2617.3 to new section 2661.3 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. Renumbering and amendment of former section 2617.3 to new section 2661.3 refiled 12-19-95 as an emergency; operative 12-19-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-17-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-95 order transmitted to OAL April 17, 1996; disapproved by OAL and order of repeal as to 12-19-95 order filed 5-30-96 (Register 96, No. 22).
4. New section filed 5-30-96 as an emergency; operative 5-30-96 (Register 96, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-30-96 order, including amendment to subsections (b), (f) and (g), transmitted to OAL 9-26-96 and filed 11-5-96 (Register 96, No. 45).
6. Amendment of subsections (e) and (g) filed 10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
7. Amendment of section heading and subsections (a), (e) and (h)-(g) filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).
8. Change without regulatory effect amending subsections (a) and (e) filed 3-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 13).