§ 1861.055. — 1861.055. (Added by Stats. 1990, Ch. 1583, Sec. 1.)

California § 1861.055.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 2.: PART 2. THE BUSINESS OF INSURANCE
• Ch. 9.: CHAPTER 9. Rates and Rating and Other Organizations
• Art. 10.: ARTICLE 10. [Reduction and Control of Insurance Rates]

Text

(a)
The commissioner shall adopt regulations governing hearings required by subdivision (c) of Section 1861.05 on or before 120 days after the enactment of this section. Those regulations shall, at the minimum, include timelines for scheduling and commencing hearings, and procedures to prevent delays in commencing or continuing hearings without good cause.
(b)
The sole remedy for failure by the commissioner to adopt the
regulations required by subdivision (a) within the prescribed period or to abide by those regulations once adopted shall be a writ of mandate by any aggrieved party in a court of competent jurisdiction to compel the commissioner to adopt those regulations, or commence or resume hearings.
(c)
Nothing in this section shall preclude the commissioner from commencing hearings required by subdivision (c) of Section 1861.05 prior to adopting the regulations required by this section.
(d)
The administrative law judge shall render a decision within 30 days of the closing of the record in the proceeding.

Legislative History

Added by Stats. 1990, Ch. 1583, Sec. 1. Effective September 30, 1990.