211 CMR 41.15 - Responsive Filings

Current through Register 1466, April 1, 2022

(1) Purpose. Each Intervenor in a Proceeding shall submit a Responsive Filing which identifies the grounds upon which the Intervenor supports or contests the issues raised by the Carrier in its Hearing Request. The Responsive Filing constitutes the direct case of an Intervenor.
(2) Timing. Each Intervenor, other than the State Rating Bureau, shall file a Responsive Filing no later than ten days after the conclusion of the examination of the Carrier's witnesses, unless the Presiding Officer orders another time period. The State Rating Bureau shall file a Responsive Filing two days after the other Intervenors' Responsive Filings are due, unless the Presiding Officer orders another time period.
(3) Contents. Every Responsive Filing must consist of sequentially numbered pages, must use any format previously prescribed by the Presiding Officer and, subject to limits on intervention set pursuant to 211 CMR 41.14, must contain:
(a) A title stating the nature of the Proceeding, and the complete name and address of the Intervenor submitting the filing;
(b) The name and address of counsel, or other representative, if the Intervenor is represented, as prescribed in 211 CMR 41.13(7);
(c) A statement of the issues the Intervenor intends to present for consideration in the Proceeding;
(d) A statement in short and plain terms of the specific components of the Hearing Request which the Intervenor intends to address;
(e) A statement in short and plain terms of the legal grounds pursuant to which the Intervenor intends to support or oppose the proposed rate, in whole or in part;
(f) At the Intervenor's option, any recommended alternative rate adjustment or methodology, which the Intervenor contends is supported in the record;
(g) Identification of each witness who submits testimony as part of the Responsive Filing and identification of the subject matter of the witness' testimony, with sufficient clarity to enable the Presiding Officer to determine which witness is testifying about each component of the Responsive Filing, and his or her qualifications to testify on that subject matter;
(h) Sworn written testimony of all witnesses including all information and commentary submitted in support of any recommendations;
(i) All information, including data, statistics, schedules, and exhibits, submitted in support of any recommendations; and
(j) Other information as prescribed from time to time by the Commissioner or the Presiding Officer by order, decision or bulletin.
(4) Amendments to Responsive Filings. No additions, amendments, or corrections may be allowed after the submission described in 211 CMR 41.15, except as permitted or ordered by the Presiding Officer.
(5) Supporting Information. The Presiding Officer may require an Intervenor to furnish any data or information which he or she determines necessary or appropriate in connection with the submission of a Responsive Filing.
(6) Rejection of Responsive Filings. The Presiding Officer may, within five days after its filing, reject any Responsive Filing if he or she determines that it does not comply with 211 CMR 41.00. An Intervenor whose Responsive Filing has been rejected may resubmit an amended Responsive Filing only in accordance with the orders of the Presiding Officer.

Notes

211 CMR 41.15

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