Cal. Code Regs. Tit. 10, § 2653.2 Time Limitations

• Library: California Code of Regulations
• Edition: 2023
• Currency: Current through Register 2023 Notice Reg. No. 52, December 29, 2023
• Citation: Cal. Code Regs. Tit. 10, § 2653.2
• Year: 2023

Except for a petition submitted in response to an application, no petition for hearing regarding any rate shall be considered by the Commissioner if that rate has been approved by the Commissioner after a hearing, and the effective date of approval is within the preceding 12 months, unless the petition sets forth relevant circumstances which have changed since that approval. Relevant changed circumstances include, but are not limited to, changes in the law such as that created by Moradi-Shalal v. Fireman's Fund Insurance Companies, 46 Cal.3d 287 (1988) and Garvey v. State Farm Fire & Casualty Company, 48 Cal.3d 395 (1989) which can be expected to have a substantial effect on insurer payouts, or any other change which would result in an approved rate being excessive, inadequate, unfairly discriminatory, or otherwise in violation of Chapter 9 of Part 2 of Division 1 of the California Insurance Code.

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Notes:

History: 1. New section 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 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).

Source: 1. New section 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 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency language will be repealed by operation of law on the following day.2. Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).

Authority:

Note: Authority cited: Sections 1861.05(a) and (c), 1861.055 and 1861.10, Insurance Code, 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...