Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 2. THE BUSINESS OF INSURANCE / CHAPTER 9. Rates and Rating and Other Organizations / ARTICLE 10. [Reduction and Control of Insurance Rates]
California Codes

Cal. Insurance Code § 1861.08 (2026)

[Reduction and Control of Insurance Rates]

✓ current as of May 2026
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Hearings shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that:

(a)Hearings shall be conducted by administrative law judges for purposes of Sections 11512 and 11517, chosen under Section 11502 or appointed by the commissioner.

(b)Hearings are commenced by a filing of a notice in lieu of Sections 11503 and 11504.

(c)The commissioner shall adopt, amend, or reject a decision only under Section 11518.5 and subdivisions (b), (c), and (e) of Section 11517 and solely on the basis of the record as provided in Section 11425.50 of the Government Code.

(d)Notwithstanding Section 11501, Section 11430.30 and subdivision (b) of Section 11430.70 shall not apply in these hearings.

(e)Discovery shall be liberally construed and disputes determined by the administrative law judge as provided in Section 11507.7 of the Government Code.

Notes of Decisions
Cited in 5 cases, 1991–1997 · leading case: 20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994).
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20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994). · cites it 2× “08, which provides for hearings by the Insurance Commissioner on the rates of individual insurers, requires the use of quasi-adjudicatory procedures (Ins. Code, § 1861.08 ["Hearings shall be conducted pursuant to Sections 11500 through 11528 of the Government Code," which relate…”
Fireman's Fund Ins. Companies v. Quackenbush, 52 Cal. App. 4th 599 (Cal. Ct. App. 1997). · cites it 8× “(Ins. Code, § 1861.08). Hearings, commonly called rollback hearings, are conducted by an administrative law judge (ALJ), whose decision is adopted, amended or rejected by the Commissioner.”
RLI Ins. Co. Grp. v. Superior Court, 51 Cal. App. 4th 415 (Cal. Ct. App. 1996). · cites it 6× “” (Ins. Code, § 1861.08, subd. (e).) Based upon this statutory language, there is no dispute in this case that RLI and Western General properly brought their motions to compel compliance with their discovery requests in the first instance before the ALJ’s hearing their…”
Fireman's Fund Ins. v. Garamendi, 790 F. Supp. 938 (N.D. Cal. 1992). “The same dichotomy between the statutory right to a hearing and the constitutional right to challenge rates as confiscatory was apparently recognized by Judge Janavs when she observed that "Insurance Code section 1861.08 requirefs] .”
California Auto. Assigned Risk Plan v. Garamendi, 234 Cal. App. 3d 1486 (Cal. Ct. App. 1991). “08 is not irreconcilable with the provisions of CAARP. It simply does not apply to hearings to establish rates under CAARP.”
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