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 101.07 - Intervention and Participation

Universal Citation: 211 MA Code of Regs 211.101

Current through Register 1531, September 27, 2024

(1) No more than four days after publication of a hearing notice pursuant to 211 CMR 101.06, any person, agency or organization, other than the State Rating Bureau, Statutory Intervenors, or the Filing Party, that wishes to appear and present testimony at the hearing, may file a petition for leave to intervene or to participate. The petition shall include the full name and address of the petitioner and its telephone and FAX numbers, and shall set forth with particularity any statutory or other authority for the petition, the manner in which the petitioner is substantially and specifically affected by the Proceeding, the grounds for seeking such leave, and the relief sought by the petitioner. The petition shall be filed in accordance with 211 CMR 101.03 and served on the Filing Party, the State Rating Bureau, and any Statutory Intervenor which has appeared in the most recent hearing on MPIUA rates.

(2) The Filing Party, Statutory Intervenors and the State Rating Bureau may file responses to a petition within five days after the petition is filed, or within such other time as the Presiding Officer may designate.

(3) The Presiding Officer may hold a hearing on the petition and shall issue a decision on the petition within ten days of concluding such hearing.

(a) Intervenors. The Presiding Officer may permit a person who is likely to be substantially and specifically affected by the Proceeding to intervene. Such person shall have all the rights of a Party, subject to any limitations placed, at the discretion of the Presiding Officer, to avoid undue delay or unnecessary duplication of evidence. An intervenor shall be subject to any limitations placed on all other Parties.

(b) Participants. The Presiding Officer may permit a person who may be affected by a Proceeding to participate. Such permission shall be limited to the right to present oral argument at the close of a hearing and to file a memorandum of law as an amicus. A petitioner which has been allowed to participate need not be a person who may be aggrieved by any result of the Proceeding. A person who petitioned to intervene and was allowed only to participate may participate without waiving any right to administrative or judicial review of the denial of that person's petition to intervene in a Proceeding.

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