Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings
Section 101.05 - Responsive Filings

Universal Citation: 211 MA Code of Regs 211.101

Current through Register 1531, September 27, 2024

(1) Purpose. The purpose of a Responsive Filing is to identify the grounds upon which the Party submitting it supports or contests the Rate Filing. To the extent that the Responsive Filing contains direct testimony and evidence, it constitutes the direct case of the Party submitting the Responsive Filing.

(2) Times for Submitting Responsive Filings. The State Rating Bureau's Responsive Filing, if any, shall be submitted no later than 14 days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing. Responsive Filings, if any, from Statutory Intervenors shall be submitted no later than 12 days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing. A petitioner which has been allowed to intervene shall submit its Responsive Filing, if any, ten days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing.

(3) Filing Requirements.

(a) Format.
1. Any Party making a Responsive Filing shall submit five copies to the Division, unless the Presiding Officer directs otherwise, and shall serve copies on the Filing Party, the State Rating Bureau, Statutory Intervenors and Interested Parties. At least one copy of a Responsive Filing must be submitted to the Division in an unbound format.

2. The Commissioner may prescribe the form of the Responsive Filing and may make changes to the form from time to time as he or she shall consider proper, expedient or necessary. A Party making a Responsive Filing shall use any form that the Commissioner prescribes.

3. All Responsive Filings must be numbered sequentially from the first through the last page, using Arabic numerals at the bottom center of each page. Any internal numbers applied to separate parts or sections of Responsive Filings must be located elsewhere on the page. The Presiding Officer may reject any Responsive Filing that does not comply with the mandatory numbering requirement.

(b) Content. Each Responsive Filing shall contain the following information:
1. A descriptive title, the complete name and address of the entity submitting the Responsive Filing and the name, address, electronic mail address, and telephone numbers, including FAX numbers, of every authorized representative or counsel, if any, representing that Party.

2. Each Responsive Filing shall fully raise all issues the Party making the filing is presenting for consideration at the hearing, and shall include complete narrative statements and information necessary to explain those issues, all data, statistics, schedules and exhibits necessary to substantiate the Party's recommendations, and the direct written sworn testimony of any witness offered by that Party. A Responsive Filing must clearly indicate and separate material that relates to all proposed rates from material that applies to only one or some of the proposed rates.

(4) Supplemental Information. The Presiding Officer may require any Party submitting a Responsive Filing to furnish any additional data or information which the Presiding Officer determines to be necessary or appropriate in connection with the submission of any Responsive Filing. Except as permitted or requested by the Presiding Officer, or in accordance with 211 CMR 101.00, no additions, amendments, or corrections to the Responsive Filing shall be allowed.

(5) Rejection of Responsive Filings. The Presiding Officer may reject any Responsive Filing if he or she determines that it does not comply with applicable law or the procedures and format prescribed by 211 CMR 101.00.

(6) Consolidation of Presentations on Responsive Filings. If the Presiding Officer determines that two or more Parties have submitted Responsive Filings which are similar in scope, he or she may, in his or her discretion, require those Parties to consolidate their presentations.

(7) Withdrawal of Responsive Filings. A Party making a Responsive Filing may not withdraw its filing without the permission of the Presiding Officer.

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