211 CMR 79.10 - Initiation of a Hearing on a Rate Filing

Current through Register 1466, April 1, 2022

(1) Adjudicatory Proceeding. A hearing on a Rate Filing is an adjudicatory proceeding.

(2) Initiation by the Commissioner. The Commissioner unilaterally may initiate a hearing on a Rate Filing prior to its effective date after at least ten days' notice.

(3) Motion by the Attorney General. The Commissioner shall initiate a hearing on a Rate Filing under M.G.L. c. 175E, § 7 if the Commissioner receives a written motion to do so from the Attorney General dated no later than 20 days after the submission of the Rate Filing. The Attorney General must serve simultaneously a copy of such motion on the Filer.

(4) Motion by Insurance Producer. The Commissioner shall call a hearing on a Rate Filing under M.G.L. c. 175E, § 7 if the Commissioner receives a written motion to do so from any insurance producer of any Insurer to which such Rate Filing is applicable or from any association representing insurance producers no later than ten days after the submission of the Rate Filing, provided:

(a) the Rate Filing proposes a change in the relationship between the proposed Rates and the commission expense provisions in the Rates from the relationship in the rates previously in effect for the Insurer or Insurance Company Group involved; and

(b) the Commissioner determines that any such request is in good faith and is supported by reasonable grounds; and

(c) The producer serves a copy of such motion simultaneously on the Filer.

(5) Form of Request. Concurrent with a motion requesting a hearing pursuant to 211 CMR 79.10, the moving Party shall submit to the Commissioner and to the Filer, a detailed statement of issues specifying each aspect of the Rate Filing on which a hearing is sought and the reasons why the Rate Filing is alleged to violate M.G.L. c. 175E; M.G.L. c. 175A; or 211 CMR 79.00. The statement also shall identify and provide contact information, including a mailing address, telephone and fax numbers and e-mail address for the person appearing on behalf of the moving Party. If the moving Party will be represented by counsel, the statement shall include a notice of appointment of counsel that provides the above information.

(6) Notice of Hearing. Not less than ten days prior to the date scheduled for a hearing, the Commissioner shall notice a hearing by publishing such notice in at least one newspaper of general circulation printed in Massachusetts. The Filer shall pay the costs associated with such publication. Concurrently, the Commissioner shall cause notice of the hearing to be given to the Filer and to the producer or the Attorney General who requested the hearing. Each notice shall contain:

(a) the date, time and location of the hearing;

(b) the subjects and issues involved in the hearing;

(c) a statement as to whether the operation of the Rate Filing has been suspended in accordance with 211 CMR 79.10; and

(d) any other necessary miscellaneous information.

(7) Consolidation of Rate Hearings. If the Commissioner determines that hearings have been initiated on two or more Rate Filings that are similar in scope or raise similar issues, the Commissioner may consolidate such hearings for purposes of considering such issues.

(8) Initiation of Hearing. The initiation of a hearing occurs when the docket is opened for such matter.

Notes

211 CMR 79.10

Amended by Mass Register Issue 1355, eff. 12/29/2017. Amended by Mass Register Issue 1365, eff. 12/29/2017.