1. (a) The Commissioner shall acknowledge the receipt of an appeal and shall provide the appellant instructions concerning information that must be submitted to the Department.
2. (b) An appeal shall be considered submitted when sufficient information is received by the Commissioner from the appellant to establish the nature of the complaint and the relief requested and when the appeal has been properly served on all the parties.
3. (c) Upon submission of an appeal, the Commissioner shall direct the appeal to a hearing officer. The hearing officer shall notify the parties in writing of his or her assignment.
4. (d) If all parties agree, the hearing officer may refer an appeal for resolution to a neutral mediator for mediation or to a neutral arbitrator for arbitration pursuant to the procedures set forth in Government Code Section 11420.10.
5. (e) The Commissioner may deny an appeal without a hearing if he or she has information on the subject from which the appeal is taken and he or she believes that a reasonable basis for the appeal does not exist or that the appeal is not made in good faith. The denial shall be in writing and shall set forth the basis for the denial and shall be served on all parties.

Note: Authority cited: Sections 11400.20 and 11420.10, Government Code; and Section 11753.1, Insurance Code. Reference: Section 11415.10, Government Code; and Sections 11734, 11737(f), 11750, 11752.6(c), 11753.1(a) and 11753.1(b), Insurance Code.

History

1. New section filed 2-22-99 as an emergency; operative 2-22-99 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-18-99 as an emergency; operative 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-99 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 10-18-99 as an emergency; operative 10-19-99 (Register 99, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-16-2000 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 6).

5. New section filed 2-10-2000; operative 3-11-2000 (Register 2000, No. 6).

6. Change without regulatory effect amending Note filed 6-3-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 23).