02-031 C.M.R. ch. 360, § 6 - Public hearing

Current through 2022-14, April 6, 2022

A. Any person wishing to be notified of proposals for preferred provider arrangements must notify the Superintendent in writing.
B. All persons who request notification will be mailed notice within ten days of receipt of any filing made pursuant to Section 4 above. Other information contained in the filing will be available for inspection at the Bureau of Insurance except for any portions deemed confidential pursuant to 1 M.R.S.A. §402(3)(A) or (B). It is the responsibility of the filing party to identify any portions of the application materials or other filings for which confidential treatment is sought at the time of the filing of those materials. The filing party shall also submit a statement of the legal grounds, upon which the claim for confidentiality is based, which shall be specific to the materials identified; blanket assertions of confidentiality are not sufficient. Determination of confidentiality will be within the Superintendent's discretion.
C. Any interested or affected person may make a written request for a public hearing to the Superintendent within 40 days after the filing. If the person requesting the hearing has made a timely request for notification, but timely notice was not sent pursuant to Subsection (B), the deadline shall be extended if fairness so requires.
D. If the Superintendent finds that a person requesting a hearing pursuant to Subsection (C) would be aggrieved if the stated grounds were established, and the grounds otherwise justify a hearing, then the Superintendent will hold a public hearing within 30 days after receipt of the request, or at a later date set by the Superintendent.
E. The Superintendent may convene a public hearing on the filing on his or her own initiative within 60 days after receiving a complete filing or at a later date set by the Superintendent.
F. Public hearings pursuant to Subsections (D) and (E) shall be held in accordance with 5 M.R.S.A. Chapter 375, Subch. IV (§§ 9051-9064 ) and Chapter 350 of the Bureau of Insurance Rules. The Superintendent will issue a decision within 30 days after the close of the hearing.


02-031 C.M.R. ch. 360, § 6

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