Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 110.00 - Procedures Concerning Rate Filings And The Conduct Of Hearings For Workers' Compensation Insurance
Section 110.05 - Advisory Filings

(1) Advisory Filing by the State Rating Bureau. The State Rating Bureau shall submit its Advisory Filing 14 days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing.

(2) Advisory Filing by Statutory Intervenors. No fewer than ten days before the scheduled date of the initial hearing, a Statutory Intervenor shall file a notice of intent to appear as an Interested Party. Any Statutory Intervenor appearing as an Interested Party shall submit its Advisory Filing ten days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing.

(3) Petitions for Leave to Participate and Advisory Filings by Interested Parties. No more than four days after publication of a notice of hearing in accordance with 211 CMR 110.06, any person, agency or organization that wishes to appear and present testimony at the hearing, other than the State Rating Bureau, Statutory Intervenors, or the Filing Party, may submit a petition for leave to participate as an Interested Party. Such petition shall state the grounds for the petition. Not more than three days after receipt of such petition, the Presiding Officer shall issue a decision on it. If the petition is granted, the Interested Party shall submit its Advisory Filing ten days after the conclusion of the cross-examination of witnesses whose direct testimony is included in a Rate Filing.

(4) Content and Form of Advisory Filings. Any person making an Advisory Filing shall submit five copies to the Division, unless the Presiding Officer directs otherwise, and shall serve copies on the Filing Party, State Rating Bureau, statutory intervenors and interested parties. Each Advisory 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 testimony of any witness offered by that party.

(5) Supplementary Information. If the Presiding Officer determines that the material presented in an Advisory Filing is irrelevant, immaterial or insufficient, he or she may order the party making the filing to submit additional information.

(6) Rejection of Advisory Filings. The Presiding Officer may reject any Advisory Filing if he or she determines that it does not comply with applicable law or the procedures and format prescribed by 211 CMR 110.00.

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

(8) Notice of Appearance of Counsel or Authorized Representative. Any person making an Advisory Filing shall submit with the filing a notice of appearance of counsel or other authorized representative.