1. (a) The insurer or rating organization shall file and serve its response to the appeal within 14 days from the service of the appeal unless the hearing officer grants the insurer or rating organization more time pursuant to a showing of good cause. If the rating organization has joined as a party to the appeal pursuant to Section 2509.51, the rating organization shall file and serve its response within 14 days of service of notice that it has been made a party. The hearing officer may give the rating organization more time pursuant to a showing of good cause. The response shall admit or deny each material allegation in the appeal and raise any defenses or justifications. It shall also set forth any defects in the appeal.

2. (b) The response must include:

   1. (1) Copies of any correspondence exchanged between the parties concerning the subject matter of the appeal, that were not filed with the appeal;
   2. (2) Copies of any documents in the rating organization's file or the insurer's policyholder file that are relevant to the subject matter of the appeal, that were not filed with the appeal; and
   3. (3) Copies of all statutory, regulatory, or manual provisions the rating organization or insurer relied on in taking its action.
3. (c) An original and two copies of the insurer's or rating organization's response shall be filed with the Hearing Officer. A copy of the response shall be served on all other parties to the appeal at the same time it is filed with the hearing officer.

Note: Authority cited: Section 11400.20, 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 A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 10-18-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 2-16-2000 or emergency language will be repealed by operation of law on the following day.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 Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 6).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).