(a) Parties may stipulate to the resolution
of an issue of fact or the applicability of a provision of law material to a
proceeding, or may agree to settlement on a mutually acceptable outcome to a
proceeding, with or without resolving material issues.
(b) Notice of the stipulation and a copy of
the stipulation shall be served on any intervenor at the time of filing.
However, no party to a proceeding pending before the Commissioner shall
compensate or agree to compensate an intervenor, and no intervenor shall
receive or agree to receive compensation from any party in connection with a
proceeding pending before the Commissioner, other than a compensation award
approved by the Commissioner in accordance with Article 14 of Subchapter 4.9.
No agreement concerning the merits of any matter pending before the
Commissioner may be conditioned upon the payment of compensation to an
intervenor.
(c) Stipulations and
settlements shall be filed with the administrative law judge for proposed
acceptance or rejection. When a stipulation or settlement is filed with the
administrative law judge, it shall also be served on all parties. If a
stipulation dispositive of the case or a settlement is proposed prior to the
taking of any testimony, the parties supporting the stipulation or settlement
shall file and serve supporting declarations indicating the reasons that the
settlement or stipulation is fundamentally fair, adequate, reasonable and in
the interests of justice. The administrative law judge shall reject any
stipulation or settlement which includes an agreement regarding intervenor
fees.
(d) Stipulations shall be
limited to the issues in the proceeding and shall have no precedential value
for future proceedings.
(e) A
settlement or stipulation involving an agreed-upon rate change shall list, for
each applicable subline and overall, the California written premium for the
prior calendar year, the rate change proposed in the rate application, and the
agreed-upon rate change.
(f) Any
party may discuss stipulations or settlement with any other party without
involving all parties.
(g) Any
party objecting to a proposed settlement or stipulation may, within five (5)
days of service of the proposed settlement or stipulation, file a written
objection and may request a hearing before the administrative law judge on the
proposed settlement or stipulation. When a hearing is requested, the
administrative law judge shall hold a hearing on the objections within ten (10)
business days of the filing of the request.
Notes
Cal. Code
Regs. Tit. 10, §
2656.1
1. New
article 8 and 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).
3. Amendment filed 10-16-2002; operative 11-15-2002 (Register
2002, No. 42).
Note: Authority cited: Section
1861.055,
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: Sections
1861.055
and
1861.08,
Insurance Code, Section
11511.5,
Government Code, CalFarm Insurance Company, et al. v. George Deukmejian, et
al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
(1994).
1. New article 8 and
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).
3. Amendment filed
10-16-2002; operative 11-15-2002 (Register 2002, No.
42).
