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 144.07 - Appearances and Public Comment at the Hearing
Universal Citation: 211 MA Code of Regs 211.144
Current through Register 1531, September 27, 2024
(1) Appearance. A person may appear in his or her own behalf. A person may also be represented by an authorized representative.
(2) Public Comment.
(a)
Oral Statements. Members of the public, including
policyholders, directors, officers, and employees of the company, ma y present
oral statements at the start of the public hearing or at another time
determined by the presiding officer. A person who wishes to offer an oral
statement shall file a written notice by the date specified in the notice of
hearing. Such notice shall contain the name, address and telephone number of
the person and his or her authorized representative, if any. The presiding
officer, in his or her discretion, may allow a person who has not filed a
notice of intention to make a statement to speak . The presiding officer may
specify the amount of time allowed to a speaker. 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.
(b)
Written
Statements. Members of the public may file written statements
before the close of the evidentiary record or by such other time as determined
by the presiding officer.
(c)
Responses to Written Statements. The presiding officer
may order a party to respond to written statements and to file and serve a copy
of its response.
(3) Other Participation and Intervention.
(a)
Petitions. A
person, other than the company or the Division, who wishes to participate in
the hearing other than by offering an oral or written statement as provided in
211 CMR 144.07(2) shall file and serve a petition for leave to participate or
to intervene on or before the date specified in the notice of hearing, which
date will not be less than 15 days following the date of the notice. Five
copies of the petition shall be filed, unless otherwise ordered by the
presiding officer.
1. The petition of a
person seeking to participate must state the name and address of the
petitioner; the manner in which the petitioner is affected by the plan; the
issues the petitioner wishes to address; the relief sought and the statutory or
other authority therefor; a description of the petitioner's proposed
participation, including the nature of any evidence the petitioner seeks to
present; and a statement explaining why the petitioner's interests would not be
adequately served by submitting an oral or written statement at the
hearing.
2. The petition of a
person seeking to intervene must state the name and address of the petitioner;
the manner in which the petitioner is substantially and specifically affected
by the plan; the issues the petitioner wishes to address; the relief sought and
the statutory or other authority therefor; a description of the petitioner's
proposed intervention, including the nature of any evidence the petitioner
seeks to present; and a statement explaining why the petitioner's interests
would not be adequately served by submitting an oral or written statement at
the hearing.
(b)
Responses to Petitions. If a party opposes a petition
to participate or intervene, it shall file a written objection, setting forth
the grounds for its opposition, no later than five days after service of the
petition or by such time set forth in the hearing notice. The party shall file
five copies of any objection, unless otherwise ordered by the presiding
officer.
(c)
Action on
Petition. The presiding officer may schedule a hearing on a
petition to participate or intervene. The presiding officer may permit any
person who may be substantially and specifically affected by the plan to
intervene in all or a part of the hearing. The presiding officer may allow a
person who may be affected by the plan, and who is not permitted to intervene,
to participate as determined by the presiding officer. The presiding officer
may order two or more intervenors or participants to consolidate their
appearances or presentations if consolidation will facilitate or expedite the
hearing.
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