Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

§15432. Hearings; Special Requirements: Failure to Appear.

(a) Before seeking reconsideration by the Director an appeal shall be first made to the Manager in matters of:

(1) A failing score on any self-insurance administrator's examination; or

(2) The revocation of a certificate to administer or denial of a renewal of a certificate to administer.

(b) A written waiver of review by the manager shall constitute satisfaction of section 15432(a) and allow immediate reconsideration by the Director in the matter.

(c) The SISF shall have thirty (30) days to contest a decision by the Director to require it to assume administration on behalf of a defaulting self-insured employer. The SISF shall not be required to bring a complaint action under section 15431.2 of these regulations within any specific time against a defaulting self-insurer, surety, custodian of securities or maker of a letter of credit after assuming the liabilities of responsible parties under Labor Code sections 3743-3744. Nothing in this subsection shall be construed as to allow SISF to withhold or delay payments in any event.

(d) Failure to Appear.

(1) If after service of notice of hearing or continuance, a party fails to appear at the hearing either in person or by representative, the Director or the designated hearing officer may:

(A) Continue the proceeding; or

(B) After notice, dismiss the proceeding as a default and uphold the action appealed from, if the non-appearing party is the party requesting the hearing;

(C) Receive evidence, including admission, affidavit, or declarations of the party, establish a prima facie case and render a decision

(2) A party who has defaulted, and against whom a decision or determination is upheld, nevertheless has the right to make a showing by way of mitigation as to any remedy. The Director may consider documentary evidence or hold a hearing, and may decide to alter the remedy, both in the discretion of the Director.

NOTE: Authority cited: Sections 54, 55 and 3702.10 Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1. 3702.5, 3702.6, 3702.7. 3702.9, 3702.10. 3705, 3740-3747, Labor Code; Sections 11181-11188 and 15378, Government Code.

HISTORY

1. Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).