California Insurance Code

§ 1738.5

INS § 1738.5 Effective Jan 1, 2021Div. 1 · Part 2 · Ch. 5 · Art. 13

Statute text

Upon the request of the department, a proceeding held pursuant to Section 1668, 1668.5, 1738, 1739, or 12921.8 that involves allegations of misconduct perpetrated against a person age 65 or over shall be held within 90 days after receipt by the department of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. If the Office of Administrative Hearings cannot accommodate a hearing within 90 days, the hearing shall be set on the earliest available date and the delay shall not prejudice either party. When the matter has been set for hearing, only the administrative law judge may grant a continuance of the hearing. The administrative law judge may, but need not, grant a continuance of the hearing, only upon finding the existence of one or more of the following:

(a)The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of any of these persons, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date.

(b)Lack of notice of hearing as provided in Section 11509 of the Government Code.

…

Legislative history

Amended by Stats. 2020, Ch. 184, Sec. 19. (SB 1255) Effective January 1, 2021.