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 144.09 - Conduct of Hearing

(1) Presiding Officer. The presiding officer will conduct the hearing, may administer oaths and affirmations, and shall make all decisions on the admission or exclusion of evidence, scheduling, and other procedural matters that arise during the hearing. The presiding officer may impose sanctions for noncompliance with an order issued in connection with the hearing. Such sanctions may include entering orders for decision on one or more issues, limiting the introduction of evidence or participation in the hearing, and addressing other matters he or she deems appropriate.

(2) Evidence. The presiding officer need not observe the rules of evidence observed by the courts, but will observe the rules of privilege recognized by applicable law. Evidence can be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The presiding officer may exclude evidence which he or she determines to be unduly repetitious or likely to delay the hearing unnecessarily, or which he or she determines should have been submitted earlier in the hearing.

(3) Control of Testimony. The presiding officer may question witnesses during the course of their testimony. If the presiding officer determines that the testimony of a witness is irrelevant, immaterial, or repetitious, or beyond the scope of any prefiled direct testimony, he or she may order the witness to limit or omit further testimony on a certain subject or to cease testimony altogether.

(4) Witness Examination. A party may cross-examine witnesses. The presiding officer may impose reasonable time limits on witness examination. If a witness fails to be present for his or her cross-examination or unreasonably obstructs cross-examination, the presiding officer may find the witness to be unavailable, and may order all previous testimony or evidence for which the witness is responsible stricken from the record.

(5) Additional Evidence. At any stage of the hearing, the presiding officer may call for further evidence on an issue, and require that the additional evidence be presented. The presiding officer may limit, strike or terminate irrelevant, immaterial or repetitious evidence.

(6) Official Notice. The presiding officer may take official notice of a fact that can be judicially noticed by the courts and may take official notice of general, technical or scientific facts within his or her specialized knowledge. The presiding officer will notify the parties of the material so noticed and will permit a party, upon timely request, to contest the facts noticed. The presiding officer may use his or her experience, technical competence and specialized knowledge in the evaluation of evidence presented.

(7) Conduct of Persons Present. All persons present at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in the courts. If these standards are not observed, the presiding officer may issue orders appropriate to maintain order, including the exclusion of a disorderly person from the hearing.

(8) Transcripts. The company shall engage a qualified stenographer, subject to the approval of the presiding officer, to record and transcribe the public hearing and any prehearing conferences and hearings. The company shall pay the cost of the stenographer's fees, and the cost of providing the Division with five copies of the transcript in the quantity and format determined by the presiding officer, which can include computer disk. Any person may obtain copies of the transcript from the stenographer at his or her own expense.

(9) Evidence After Completion. No evidence will be admitted after the close of the record, unless otherwise ordered by the presiding officer.

(10) Communications. No person shall communicate ex parte with the Commissioner or presiding officer with respect to the merits of a plan. A communication concerning the status of a regulatory review or hearing, or agency practice, procedure or schedule applicable thereto, is not prohibited by 211 CMR 144.00. If any ex parte communication is directed to a person in violation of 211 CMR 144.00, the person shall immediately inform the presiding officer of the substance of the communication and the circumstances of its receipt. Without limiting the remedies otherwise available to the presiding officer, if a person or organization or agent there of has violated this rule, the presiding officer, in his or her discretion, may decide against such person or organization with prejudice or may exclude such person or organization from any further participation in the hearing.