Cal. Code Regs. tit. 8 § 10114

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 10114 - Hearing

(a) The hearing shall be held at the place, time and date noticed, unless a continuance has been granted for good cause.

(b) A record of the hearing shall be made.

(c) Any claims administrator that fails to meet the full compliance audit performance standards in two consecutive full compliance audits shall be rebuttably presumed to have engaged in a general business practice of discharging and administering its compensation obligations in a manner causing injury to those dealing with it. With regard to any other bases for the assessment of a civil penalty, the Audit Unit will have the burden to prove a prima facie case that a violation of 129.5(e) occurred. The claims administrator may cross-examine the witnesses. The claims administrator may then present any testimony to rebut the Audit Unit's testimony, and the Audit Unit may cross-examine. The Designated Hearing Officer may choose to ask questions for clarification of the record.

Cal. Code Regs. Tit. 8, § 10114

1. New section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is exempt from review by OAL pursuant to Government Code Section 11351.
2. Renumbering of former section 10114 to section 10115.2 and renumbering and amendment of former sections 10110 and 10111 to section 10114 filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of section heading, repealer of subsections (a), (b), (d), (e), (g) and (h), subsection relettering and new subsection (c) filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).

Note: Authority cited: Sections 59, 129.5, 133 and 5307.3, Labor Code. Reference: Sections 7, 124 and 129.5, Labor Code.

1. New section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is exempt from review by OAL pursuant to Government Code Section 11351.
2. Renumbering of former section 10114 to section 10115.2 and renumbering and amendment of former sections 10110 and 10111 to section 10114 filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of section heading, repealer of subsections (a), (b), (d), (e), (g) and (h), subsection relettering and new subsection (c)filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).