Section 12929 Of Article 1. Generally From California Insurance Code >> Division 3. >> Chapter 2. >> Article 1.
12929
. Irrespective of any provision in any law of this state the
commissioner, pursuant to this code, has been and is authorized to
correct: by amendment, by partial deletion or by partial addition,
any record, finding, determination, order, rule or regulation made by
him upon becoming satisfied that it is fair, just and equitable to
make the correction and that any such record, finding, determination,
order, rule or regulation would have included such correction except
for mistake, clerical error, inadvertence, surprise or excusable
neglect.
Such correction shall only be made within a period of six months
following the original action.
When the facts are within the knowledge of the commissioner
personally he may, upon his own motion and ex parte, enter an order
making any such correction.
Otherwise he shall enter such an order of correction only after
receipt and consideration of a written petition of a person described
in Section 12923 or an employee of the Department of Insurance,
accompanied in either case by a sworn affidavit of the facts
constituting the mistake, clerical error, inadvertence, surprise or
excusable neglect relied upon to justify the correction requested. In
such case the order may be made ex parte.
In either case the order shall recite the grounds and bases for
the correction and shall be promptly given the same distribution,
publicity, and circulation as was given the matter being corrected.
If, within 60 days following the making of the order of correction
anyone objects thereto in writing, the commissioner shall set the
matter for hearing, giving the same notice thereof, if any, as was
given to the proceeding which gave rise to the original record,
finding, determination, order, rule or regulation.