211 CMR 121.03 - General Provisions

(1) Filing. The provisions in 211 CMR 121.00 apply when a Hearing is required by statute, M.G.L. c. 176K, § 7(g), or by the Commissioner, M.G.L. c. 176K, § 7(d). The provisions in 211 CMR 121.00 apply independently of any other filings that are prescribed by the Commissioner in a different form or manner.

(a) Papers.

1. Filing of Papers for a Hearing. All Papers must be filed at the Division's principal office during its usual business hours, 8:45 A.M. to 5:00 P.M. daily, except Saturdays, Sundays and legal holidays. Papers must be sent to the attention of the Docket Clerk, Legal Division. Except for a Rate Filing or Amended Rate Filing, the requirements for which are addressed in 211 CMR 121.05 and 121.06, and a Responsive Filing, the requirements for which are addressed in 211 CMR 121.09, an original and one copy of Papers must be filed, unless more copies are specified in 211 CMR 121.00 or by the Presiding Officer. At least one copy must be submitted in an unbound format. The Presiding Officer may permit electronic filing in his or her discretion.

2. Pagination of a Rate Filing That Is the Subject of a Hearing. The pages of a Rate Filing must be numbered sequentially from the first through the last page, using Arabic numerals at the bottom right of each page. Any internal numbers applied to separate parts or sections of a Rate Filing must be located elsewhere on the page. The Presiding Officer may reject a Rate Filing that does not comply with the mandatory numbering requirement.

3. Service of Papers on Parties. A Party or Participant shall serve, concurrently with filing with the Division, a copy of Papers on all Parties by hand delivery, or by electronic transmission promptly followed by delivery by first-class mail, postage pre-paid, unless otherwise permitted by the Presiding Officer or agreed to by the Parties.

(2) Timely Filing. Papers must be filed within the time limits specified in M.G.L. c. 176K. The date of filing shall be determined as follows:

(a) Papers delivered by hand during regular business hours will be deemed filed on that day.

(b) Papers delivered by hand at other times will be deemed filed on the next regular business day.

(c) Papers mailed to the Division's principal office will be deemed filed on the day the Division receives them.

(3) Computation of Time. Computation of a time period specified in 211 CMR 121.00 begins with the first day after the date of the initiating act. The last day of the period so computed is included unless it is a day when the Division's principal office is closed, in which case the period runs until the end of the next business day. When a time period is five days or fewer, Saturdays, Sundays and legal holidays are excluded from the computation.

(4) Modifications of Time Periods. Except for time periods prescribed by statute, the Presiding Officer has the discretion to modify a time limit prescribed or allowed by 211 CMR 121.00, for good cause shown. A request for an extension must be made before the expiration of the period originally prescribed or previously extended.

(5) Signatures. The filing Party or its counsel or authorized representative shall sign all Papers. Signature certifies that the signer has read the document and knows the content thereof, that the statements contained therein are believed to be true, that the document is not interposed for delay and that the signer has full power and authority to sign the document.

(6) Notice of Appointment of Counsel or Other Representative and Appearances. Other than the State Rating Bureau, each Party shall enter an appearance by filing and serving a notice that contains the name, address, e-mail address, fax number, and telephone number of the Party's counsel or authorized representative. All Papers served on a Party must be given to the counsel or representative named in that Party's notice.

Notes

211 CMR 121.03

Amended by Mass Register Issue 1278, eff. 1/16/2015.