Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 144.00 - Procedures For The Regulatory Review Of And Public Hearings On Plans Of Reorganization Or Conversion Pursuant To M.g.l. C.175 Secs. 19f-19w
Section 144.06 - General Provisions Applicable to the Hearing
Universal Citation: 211 MA Code of Regs 211.144
Current through Register 1531, September 27, 2024
(1) Docket. No later than the date on which the Commissioner issues the notice of hearing, the hearing will be assigned a number on the docket maintained by the Division. The docket file will contain all papers filed in the record of the hearing.
(2) Consolidation. The Commissioner or presiding officer may consolidate for hearing any application or request for approval deemed relevant to the plan of reorganization or conversion where consolidation would facilitate consideration of issues concerning the plan or related matters.
(3) Filings, Generally.
(a)
Filing and Service of Papers. All papers filed in a
hearing must be filed with the Docket Clerk, Hearings and Appeals, at the
Division's principal office during business hours. The presiding officer may
determine the number of copies of papers that must be filed and served, and may
specify format requirements. The presiding officer may order that an additional
copy of papers must be submitted on computer disk in an electronic format
determined by the presiding officer. Concurrently with filing papers, a copy of
the papers must be served on the company, the person(s) designated to receive
service for the Division, intervenors, and any other person(s) designated by
the presiding officer. All papers filed must be accompanied by a statement
signed under the penalty of perjury that copies have been served, specifying
the mode of service, date, the person to whom sent, and address of service.
Failure to comply with
211 CMR 144.00 may be
grounds for such action as the presiding officer deems appropriate.
(b)
Timely Filing.
Papers must be filed within the specified time limits. The date of filing will
be determined as follows:
1. Papers delivered
by hand or by facsimile during regular business hours will be deemed filed on
that day.
2. Papers delivered by
hand or by facsimile at other times will be deemed filed on the next regular
business day.
3. Papers mailed to
the Division's principal office will be deemed filed on the day the Division
receives them.
(c)
Computation of Time. Computation of any time period
prescribed by or established under the authority of 211 C MR 1 4 4 .00 begins
with the first day after the date o f the initiating act. The last day of the
period so computed is included unless it is a day when the Division's principal
office is closed, in which case the period runs until the end of the next
business day. When the period is five days or fewer, Saturdays, Sundays and
legal holidays are excluded from the computation.
(d)
Modifications of
Time. The presiding officer has the discretion to modify for good
cause a time limit prescribed by or established under the authority of
211 CMR 144.00.
(e)
Signatures. All
papers must be signed by the filer or its counsel or authorized representative.
This signature constitutes a certification by the signer that he or she has
read the document and knows the content thereof, that it has not been
interposed for delay and that if the document has been signed by an authorized
representative that he or she has full power and authority to do so.
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