Cal. Code Regs. Tit. 10, § 2696.5 - Mandatory Participation; Appeal

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) No insurer may be compelled to participate in mediation except where the Commissioner finds that the insurer has engaged in an arbitrary or unreasonable refusal or refusals to mediate a dispute which the Commissioner has deemed appropriate for mediation. Where the Commissioner so finds, the Commissioner shall issue upon the insurer an Order to Participate, citing the Commissioner's reasons therein.
(b) Any insurer to whom an Order to Participate has been issued may seek a review of said Order by filing in a court of competent jurisdiction within 30 calendar days of the issuance of that Order. The Commissioner's Order to Participate, however, may not be stayed during the pendency of any judicial proceeding for any period beyond 60 calendar days after the initial date of the Order to Participate. The basis for the Commissioner's decision to require an insurer to participate in the mediation program shall not be made public unless review is sought.
(c) Any insured whose request to mediate said insured's claim under this subchapter was declined by an insurer may file a written request to the Commissioner to require the insurer to participate in the mediation program. Upon receipt of such request, the Commissioner shall either:
(1) Issue an Order to Participate pursuant to subsection 2696.5(a); or
(2) Make a written inquiry to the insurer to determine the reasons for declining mediation; or
(3) Issue to the insured a Decision Not to Compel Mediation which sets forth the basis of the Commissioner's decision not to require the insurer to participate in mediation of that dispute.
(d) Any insured to whom a Decision Not to Compel Mediation has been issued, may seek a review of said Decision by filing in a court of competent jurisdiction within 30 calendar days of the issuance of that Decision.

Notes

Cal. Code Regs. Tit. 10, § 2696.5

Note: Authority cited: Section 10089.83, Insurance Code. Reference: Sections 10089.76 and 10089.77, Insurance Code.

1. New section filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-12-97 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 10).
3. New section filed 3-4-97 as an emergency; operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97, No. 33).
5. Renumbering of former section 2696.5 to section 2696.4 and renumbering of former section 2696.6 to new section 2696.5, including amendment of section, filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).
6. Change without regulatory effect amending subsections (a) and (c) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

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