Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 121.00 - Procedures Concerning Rate Filings Made Pursuant To M.g.l. C. 176k, And The Conduct Of Hearings On Such Filings
Section 121.08 - Intervention and Participation

(1) State Rating Bureau. The State Rating Bureau need not file and serve a notice of appearance on the Filer or Statutory Intervenors.

(2) Statutory Intervenors. No later than four days after publication of the Hearing notice under 211 CMR 121.07, a Statutory Intervenor intending to take part in the Proceeding shall file and serve a notice of appearance on the Filer, the State Rating Bureau, and any other Statutory Intervenors.

(3) Intervenors and Participants. No later than ten days after publication of the Hearing notice under 211 CMR 121.07, a person who wishes to appear and take part in the Proceeding, other than the State Rating Bureau, Statutory Intervenors, or the Filer, shall file, and serve upon the Filer, the State Rating Bureau and all Statutory Intervenors a petition for leave to intervene or to participate. The petition must state the petitioner's name and address; the name, address and other contact information of counsel or other designated authorized representative, as prescribed in 211 CMR 121.03(6); the statutory or other authority for the petition; how the Rate Request substantially and specifically affects the petitioner; the petitioner's contentions; the relief petitioner seeks; and a description of the scope of the petitioner's proposed intervention or participation. The petition shall describe the nature of the evidence, if any, the petitioner seeks to present; state the reasons why the petitioner's interests would not be represented adequately by the Filer, the State Rating Bureau, Statutory Intervenors or Intervenors already taking part and explain how the petitioner will avoid introduction of repetitive testimony and not unduly delay the Hearing.

(4) Responses to Petitions. A Party opposing a petition to intervene or participate shall file a written objection, setting forth the grounds for its opposition, no later than five days after service of the petition.

(5) Action on Petition. The Presiding Officer may schedule a conference to address the petition to intervene or participate. The Presiding Officer shall determine whether the petitioner will be allowed to participate as an Intervenor or as a Participant, and the extent of its participation in the Proceeding. In the Presiding Officer's discretion, participation may be limited to submitting written or oral argument at the close of the Hearing. The Presiding Officer may order two or more petitioners to consolidate their appearances or presentations if consolidation will facilitate and expedite the Proceeding.