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 121.10 - Hearing Procedures

Universal Citation: 211 MA Code of Regs 211.121

Current through Register 1531, September 27, 2024

(1) Timing and Order of Presentation of the Hearing. The Hearing will begin within 30 days after the filing of the Rate Filing with the Division. The Hearing generally will be conducted in the following order, and in accordance with the orders issued by the Presiding Officer: Public Comment Hearing, Technical Conference, pre-hearing conferences, examination on the Rate Filing, and examination on Responsive Filings. The Presiding Officer may alter the order of presentation on his or her own initiative, or on request by a Party.

(2) Motions to Dismiss or Strike. Motions to dismiss or strike must be filed in accordance with the following schedule:

(a) no later than 14 days after the date the Hearing notice is published, a Party may move to dismiss the Rate Filing on the ground that it contains insufficient evidence to substantiate the proposed Rate Filing, or otherwise fails to comply with the filing requirements established in 211 CMR 121.00 or 211 CMR 71.12(10): Rate Filings;

(b) no later than seven days after the filing of a Responsive Filing, the Filer may move to strike it on the ground that it contains insufficient evidence to substantiate that Party's contest of the Rate Filing;

(c) the Presiding Officer may, in his or her discretion, permit a Party to amend its Rate Filing or Responsive Filing in order to address the issues raised by motions to dismiss or strike;

(d) the filing of a motion to dismiss or strike will not affect the time periods provided in 211 CMR 121.00 unless otherwise ordered by the Presiding Officer.

(3) Public Comment. Members of the public may make oral statements prior to the start of the Hearing or at another time permitted by the Presiding Officer. The Presiding Officer may specify the amount of time allowed speakers. If the Presiding Officer determines that an oral statement is irrelevant, immaterial or unduly repetitious, he or she may further restrict the time allowed to a speaker. Written public statements may be filed at any time before the record of the Hearing is closed.

(4) Conferences. A Presiding Officer may hold a Technical Conference and other conferences.

(a) Technical Conference. The Presiding Officer may hold a Technical Conference with all Parties, or if no other Party is involved in the Hearing with the Filer. A Technical Conference may involve examination and cross-examination of sworn witnesses in order to clarify the technical aspects of a Rate Filing. Topics of such inquiry may include, but will not be limited to, the data relied on by the Filer, the projection trends selected, and applicable federal law. The Filer shall arrange for the Technical Conference to be stenographically recorded. In his or her discretion, the Presiding Officer may order that all or part of a Technical Conference transcript be admitted as a part of the Hearing record.

(b) Other Conferences. The Presiding Officer may hold one or more conferences to address such matters as clarifying or narrowing issues, entering into stipulations, identifying admitted facts, limiting the number of witnesses, eliminating cumulative evidence, scheduling testimony, organizing exhibits, and other matters, including discovery, that may expedite the Hearing.

(5) Rebuttal and Surrebuttal Filings. A Party, except as otherwise provided by law or 211 CMR 121.00, shall have the right to submit Rebuttal and Surrebuttal Filings. Rebuttal and surrebuttal evidence shall be limited to denial of an affirmative fact that another Party has endeavored to prove. To the extent that any Party intends to introduce rebuttal or surrebuttal evidence, it shall inform the Presiding Officer, as soon as practicable, of its intention, the subject of the proposed evidence and the identity of any witnesses. Rebuttal and Surrebuttal Filings shall be filed and served in the same manner as are Rate and Responsive Filings, respectively.

(6) Conclusion of the Proceeding. The Proceeding shall conclude, for purposes of M.G.L. c. 176K, § 7(g), when the Presiding Officer issues an Order Closing the Proceeding.

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