1. (a) Within fifteen (15) days after service of a copy of the decision on a party, but not later than the effective date of the decision, the party may apply to the Commissioner for correction of a mistake or clerical error in the decision, stating the specific ground on which the application is made. Notice of the application shall be given to the other parties to the proceeding. The application is not a prerequisite for seeking judicial review.
2. (b) The Commissioner may refer the application to the hearing officer who formulated the proposed decision or may delegate his or her authority under this section to one or more persons.
3. (c) The Commissioner may deny the application, grant the application and modify the decision, or grant the application and set the matter for further proceedings. The application is considered denied if the Commissioner does not dispose of it within fifteen (15) days after it is served on the Commissioner and the other parties.
4. (d) Nothing in this section precludes the Commissioner, on his or her own motion or on motion of the hearing officer, from modifying the decision to correct a mistake or clerical error. A modification under this subsection shall be made within 30 days after issuance of the decision.
5. (e) The hearing officer or the Commissioner shall, within fifteen 15 days after correction of a mistake or clerical error in the decision, serve a copy of the correction on each party on which a copy of the decision was previously served.

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 A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 10-18-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 2-16-2000 or emergency language will be repealed by operation of law on the following day.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 Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 6).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