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 110.07 - Pre-Hearing Procedures
Universal Citation: 211 MA Code of Regs 211.110
Current through Register 1531, September 27, 2024
(1) Pre-Hearing Conference. The Presiding Officer may hold one or more pre-hearing conferences before or after the initial hearing. No more than seven days before the date of the initial hearing, the Presiding Officer may hold a pre-hearing conference to develop a schedule for subsequent hearings, taking into account the statutory period in which a decision must be rendered.
The Presiding Officer may direct the parties to confer with him or her, or with each other to consider:
(a) simplification of issues;
(b) the possibility of obtaining stipulations
or admissions of fact and agreements as to documents to avoid unnecessary
proof;
(c) limits on the number of
expert witnesses;
(d) stipulations
as to the qualifications of experts;
(e) limits on the time to be allowed for
cross-, redirect, and recross-examination;
(f) rulings as to evidentiary disputes;
and
(g) such other matters as may
aid in the prompt disposition of the Proceeding.
(2) Discovery.
(a) Any party to a workers' compensation
Proceeding may request any other party to produce or make available any
documents or tangible things, not privileged and not previously supplied, which
are in the possession, custody or control of the party to whom the request is
made. Requests may be served on a party after submission of its Rate Filing or
Advisory Filing and shall set forth the items to be provided with reasonable
particularity. The party receiving the request shall respond within a period of
ten days unless the Presiding Officer establishes a different time period. The
Division or the State Rating Bureau, in responding to requests for documents,
shall be entitled to the fee per page for copies as determined from time to
time by the Executive Office for Administration and Finance.
(b) The party receiving the request for
discovery may, within five days of service of the request, file objections to
it or move for a protective order. The Presiding Officer may, in his or her
discretion, schedule a hearing on the objections or motion. The Presiding
Officer may issue protective orders to protect a party from annoyance,
embarrassment, oppression or undue burden or expense. The Presiding Officer may
also order limits on the scope, method, time and place for discovery and
provisions for protecting confidential information or documents.
(c) A Party may file a motion to compel
discovery if a request for documents is not honored, in whole or in
part.
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