Hearings, Procedure and Judicial Review
Cal. INS § 1858.01
California Statutes
(
a) Whenever a written complaint has been filed with the commissioner, the commissioner shall review and investigate the matter complained of as provided by
Section and shall make a determination whether there is probable cause to believe that a violation of this
chapter has occurred. This determination shall be made within a reasonable time, but in no event more than days after the complaint regarding a policy in a personal line of insurance or days in the case of a policy in a class of commercial insurance is filed unless the complainant consents to a greater time or unless the complainant enters into informal conciliation of the complaint. The time and location of the conciliation shall be mutually agreeable to the complainant and to the insurer. (
b) Whenever a written complaint is accompanied by written request for a public hearing, the commissioner shall review and investigate the matter complained of as provided in
Section and shall grant or deny the request for a public hearing within a reasonable time, but in no event more than days when the complaint is regarding a policy in a personal line of insurance or days in the case of a policy in a class of commercial insurance, unless the complainant consents to a greater time or unless the complainant enters into informal conciliation of the complaint. The time and location of the conciliation shall be mutually agreeable to the complainant and to the insurer. (
c) In the event the complainant enters into informal conciliation of the complaint, the time set forth in subdivisions (
a) and (
b) for making a determination or for granting or denying a request for a public hearing shall be tolled for up to working days until informal conciliation results in resolution of the complaint or informal conciliation is ended without resolution of the complaint. Should informal conciliation fail to result in resolution of the complaint, the commissioner shall review the facts presented by the complainant and the insurer or rating organization, together with the facts alleged in the complaint and any response to the complaint, to determine whether probable cause exists to believe that a violation of this
chapter has occurred. (
d) For purposes of this subdivision, “personal insurance” means all coverages combined in private passenger automobile insurance policies as those policies are described in
Section and all forms combined in property or multiperil insurance policies as those policies are described in
Section 675. (
e) For purposes of this subdivision, “commercial insurance” means any class, as defined by the Insurance Services Office of commercial insurance and any class of insurance designated under subdivisions (
b) and (
c) of