02- 031 C.M.R. ch. 355, § 8 - Evidence

A. General Requirements. The evidence presented shall be limited to matters related to the insurer's reason for cancellation or nonrenewal.

B. Statements and Testimony. All witnesses shall swear that their testimony is wholly truthful or shall make a solemn affirmation to that effect. Any person submitting a statement in lieu of appearance at the hearing shall attest to the truthfulness of the contents.

C. Written evidence; exception. No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown. No unsworn statement or accompanying evidence will be admitted.

D. Witness Testimony by Telephone. The Hearing Officer, in his or her discretion, for good cause shown, may allow witnesses to present direct testimony over the telephone, provided that any request to provide direct testimony over the telephone is made pursuant to the requirements of Section 10(A) of this rule at least five (5) business days in advance of the date of the scheduled hearing, except for good cause shown.

E. Evidence in Lieu of Party Appearance. Any evidence submitted in lieu of a party's appearance at the hearing must be received by the Bureau by 5:00 p.m. on the business day before the day of the scheduled hearing, except for good cause shown. Submissions received after 5:00 p.m. on the business day before the day of the scheduled hearing will not be admitted into evidence except for good cause shown. Any such evidence must be accompanied by a properly notarized statement that the evidence is wholly truthful.

F. Late-filed Exhibits. The Hearing Officer may, in his or her discretion, allow documentary evidence that is unavailable at the time of the hearing to be filed subsequent to the close of the hearing if the evidence proposed to be submitted is described at the hearing with sufficient particularity to apprise all parties of its content and purpose.

(1) Unless another date or dates are specified by the Hearing Officer, late-filed exhibits shall be offered no later than ten (10) days after the last day upon which a hearing is held. A copy of each late-filed exhibit must be provided to each party at the same time that it is offered.

(2) The order of the Hearing Officer to allow the offering of such an exhibit shall not constitute admission of that document into evidence. Any party may, within five (5) days after an offer of any late-filed exhibit, object to its admission and/or request the opportunity to present cross-examination or to present rebuttal evidence in connection with the exhibit, unless that party has plainly and specifically waived its rights to do so on the record of the hearing at which leave to offer the exhibit was granted.

(3) If a timely objection or request for opportunity to cross-examine or to offer rebuttal has been made, the Hearing Officer may in his or her discretion, either (a) exclude the exhibit, or (b) schedule a supplementary hearing to receive further evidence and rule on the admissibility of the exhibit.

Notes

02- 031 C.M.R. ch. 355, § 8