DEPARTMENT OF INSURANCE



DEPARTMENT OF INSURANCE

ADMINISTRATIVE HEARING BUREAU

45 Fremont Street, 22nd Floor

San Francisco, CA 94105

Telephone: (415) 538-4251

FAX: (415) 904-5854

insurance.

BEFORE THE INSURANCE COMMISSIONER

OF THE STATE OF CALIFORNIA

In the Matter of the Application for )

Written Consent to Engage in the Business )

Of Insurance of ) FILE LBB 8956-B (1033)

)

JANE DOE EXAMPLE, )

)

Applicant. )

)

NOTICE OF TAKING OFFICIAL NOTICE

During the prehearing conference on March 30, 2015, counsel for the California Department of Insurance (“CDI”) requested that the Administrative Law Judge (“ALJ”) take official notice of Penal Code sections 115(a) and 115.5 and United States Code section 1033. In addition, the ALJ determines that a more complete record will be created if official notice is taken of the pertinent requirements for notarizing documents. The California Secretary of State’s Notary Public Handbook provides background information regarding this process. Accordingly, the ALJ proposes to take official notice of the following:

1. California Penal Code sections 115 and 115.5;

2. United States Code section 1033;

3. California Civil Code sections 1180 - 1207; and

4. The enclosed 2007 edition of the California Notary Public Handbook.

Grounds exist for taking official notice of the above. Pursuant to Government Code sections 11445.60 and 11515, the ALJ may take official notice of any facts that may be judicially noticed. And according to Evidence Code section 451(a), judicial notice of the Penal Code and other statutory law is mandatory. As an act of the State, official notice of the Notary Public Handbook may be taken pursuant to Evidence Code section 452(c).

If a party objects to the ALJ taking official notice of the law and/or documents referenced above, the party shall file and serve objections by April 15, 2015. At the hearing on April 22, 2015, the ALJ will rule on any objections and will issue a final ruling on the request to take official notice.

DATED: April 8, 2015

___________________________________

JOHN H. LARSEN

Administrative Law Judge

Administrative Hearing Bureau

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