02-031 C.M.R. ch. 350, § 6 - Defective filings

A. Applicability. The procedure specified in this Section shall apply to:

(1) statements required to be filed by 24-A M.R.S.A. Sections222(4) and 3476; and

(2)any worker's compensation rate filing subject to 39 M.R.S.A. Section22-C.

B. Inspection; Filing Date. Upon the receipt of any filing subject to this Section, the document and any material accompanying it will be inspected by the Superintendent or his staff. If the document is found by the Superintendent to be defective or insufficient, the Superintendent shall inform the person filing it of the defect or omission within 35 days from his receipt of the filing, and the defective or insufficient document will not be deemed to be filed. The defective or insufficient document will be retained by the Bureau, marked to indicate that it is not deemed filed. Within 10 days of submission of additional material by the filing party in response to the notice of defects, the Superintendent shall determine whether the defects on omissions have been corrected and notify the filing party of his determination. The filing date for such a document shall be deemed to be the date on which the last document that removed any defect or made the filing complete was received by the Superintendent, except that the Superintendent may treat the date that the insufficient document was filed as the filing date, if the deficiencies are found to be immaterial or not to have delayed, impeded, or interfered with the ability of the Bureau or any party to respond to, investigate, or process the filing. For the purposes of this subsection, an application or form is defective or insufficient if it fails to include all the information required by statute or by applicable rule.

C. Effect of Failure to Note Defects. The absence of action by the Superintendent noting defects or insufficiencies and adjusting the filing date accordingly shall not constitute a substantive finding that the information contained in the document is sufficient to establish that any relief or action requested in the document should be granted or that any facts asserted in the document have been proven, nor shall it be construed to limit in any way the Superintendent's authority to request further data or information from the filing party during the course of a proceeding.

Notes

02-031 C.M.R. ch. 350, § 6