Section 2648.3 - Scheduling Conference(a) If the Commissioner decides to hold a hearing pursuant to Insurance Code Section 1861.05, a notice of hearing, or other notice or order commencing a proceeding under Insurance Code Section 1861.05., shall be provided within 60 days after public notice has been given. After such notice has been issued, and within 20 days after the time for filing a notice of defense or other response by respondent as provided for in Government Code Section 11506, the administrative law judge assigned to hear the matter, or the Commissioner if no judge has been assigned, shall give written notice of a scheduling conference to all parties to the proceeding and to all persons having advised the Commissioner of an interest in intervening in the proceeding. The notice shall provide that the scheduling conference shall be held within 30 days of the date of said notice.(b) The scheduling conference shall consider such issues as may be raised by the administrative law judge, the parties, or persons interested in intervening in the proceeding, including the following: the scope of issues; the scope of discovery that has been conducted and the scope of anticipated discovery; discovery schedule; schedule for bringing motions; schedule for submission of prefiled testimony; matters pertaining to intervention; the date for the evidentiary hearing.(c) During the scheduling conference, the administrative law judge shall set a date for commencement of the evidentiary hearing that is less than 180 days from the date the application was received by the Department.(d) Upon good cause shown during the scheduling conference, or upon subsequent motion, the date for the evidentiary hearing may be set or continued, to a date that is more than 180 days from the date the application was received by the Department. In determining the existence of good cause, the administrative law judge may consider any pertinent matter. A continuance may be granted if the party seeking the continuance is not responsible for and made a good faith effort to prevent the condition or event establishing good cause.Cal. Code Regs. Tit. 10, § 2648.3
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 A Certificate of Compliance must be transmitted to OAL 11-8-93 or emergency language will be repealed by operation of law on the following day.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 including amendment of subsection (d) and NOTE transmitted to OAL 11-3-93 and filed 12-17-93 (Register 93, No. 51). 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 including amendment of subsection (d) and Note transmitted to OAL 11-3-93 and filed 12-17-93 (Register 93, No. 51).