Current through Register 1531, September 27, 2024
(1)
Prefiling Requirements.
(a) A Rating Organization, 60 days before it
submits a Rate Filing, shall submit to the Division all loss, premium, exposure
and expense data relating to workers' compensation insurance experience in
Massachusetts including, without limit, all data on which the Rate Filing will
be based, other than data previously supplied to the Division.
(b) An Insurer, 60 days before it submits a
Rate Filing, shall submit to the Division all loss, premium, exposure and
expense data relating to that insurer's workers' compensation insurance
experience in Massachusetts including, without limit, all data on which the
Rate Filing will be based, other than data previously supplied to the
Division.
(2)
Filing Requirements.
(a) Every Rate Filing shall contain the
information listed below. The Filing Party shall use any forms prescribed by
the Division for such filings.
1. a title
which indicates the nature of the proceedings; and
2. the complete name and address of the
Filing Party and the name, address and telephone numbers of every authorized
representative or counsel, if any, representing the Filing Party.
(b) all material, including all
data, statistics, schedules and exhibits, which the Filing Party wishes to be
considered at the hearing and all information upon which its recommendations
are based.
(c) narrative statements
including all information and commentary necessary to substantiate and explain
the Filing Party's recommendations.
(d) the direct testimony of witnesses for the
Filing Party. The direct testimony shall support every element of the Rate
Filing and may be presented in a question and answer format.
(e) if applicable, the Filing Party's policy
form for the Commissioner's approval, in accordance with M.G.L. c. 152, §
55.
No additions, amendments, or corrections to the Rate Filing
shall be allowed except as permitted or requested by the Presiding Officer or
in accordance with
211 CMR
110.08(8).
(f) A Filing Party shall submit ten copies of
its Rate Filing to the Division and shall send one copy of it to each
interested party which participated in the Filing Party's last rate proceeding.
The Filing Party shall also pro vide a copy to any other interested party which
is granted permission to participate in the hearing.
(3)
Supplementary
Information. The Presiding Officer may require any Filing Party to
furnish any additional data or information which the Presiding Officer
determines to be necessary or appropriate in connection with the submission of
any Rate Filing.
(4)
Rejection of Rate Filings. The Presiding Officer may
reject any Rate Filing if he or she determines that the Filing Party has not
complied with applicable laws or the procedures and forms prescribed by
211 CMR 110.00. A Filing
Party whose Rate Filing has been rejected may, pursuant to M.G.L. c. 152,
§ 53A(3), resubmit such Rate Filing with appropriate
modifications.
(5)
Consolidation of Rate Filings for Purposes of Hearing.
If the Presiding Officer determines that two or more Filing Parties have
submitted Rate Filings which are similar in scope, the Presiding Officer may,
in his or her discretion, consolidate such Rate Filings for the purposes of
hearing.
