Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
031 - BUREAU OF INSURANCE
Chapter 355 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS HELD UNDER THE MAINE PROPERTY AND AUTOMOBILE INSURANCE CANCELLATION CONTROL ACTS
Section 031-355-6 - Hearings
Current through 2024-38, September 18, 2024
A. When Held. Hearings will be held when requested in accordance with 24-A M.R.S.A. §§2920 or 3054. Hearings shall be requested by submitting a written request to the Bureau or by orally conveying the request to Bureau staff. A hearing request is deemed to have been filed only when the request is received at the Bureau during the hours which the Bureau is open. Hearing requests shall be filed only by a named insured, an attorney representing a named insured, or if the named insured is deceased, the representative of the estate of the named insured.
B. How Held. All hearings shall be held before a Hearing Officer. All hearings shall be conducted in an impartial manner and in accordance with Chapter 375, Subchapter IV of the Administrative Procedure Act codified at 5 M.R.S.A. §§9051 - 9064. The Superintendent may designate a new Hearing Officer to replace the Hearing Officer originally designated to hear a matter. The Superintendent may also designate a temporary Hearing Officer to act upon a specific motion, should the designated Hearing Officer be unavailable.
C. Purpose of Hearing. The purpose of the hearing is limited to establishing the existence of the proof or evidence used by the insurer in its reason for cancellation or intent not to renew.
D. Rights of Parties. Unless limited by stipulation or order or unless limited by the Hearing Officer to prevent repetition or unreasonable delay in the proceeding, every party shall have the right to present evidence and argument at the hearing on all relevant issues. Each party shall have the right to call and examine witnesses and make oral cross-examination of any person testifying.
