Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 41.00 - Nongroup Health Insurance Rate And Policy Form Filings, Review, And Hearing Procedures Under M.g.l. C.176m
Section 41.14 - Intervention

Universal Citation: 211 MA Code of Regs 211.41

Current through Register 1531, September 27, 2024

(1) At any time after the filing of the Hearing Request, but no more than four days after publication of the hearing notice in accordance with 211 CMR 41.13(8), a Statutory Intervenor intending to participate in the Proceeding shall file and serve on the Carrier, the State Rating Bureau, and any other Statutory Intervenors, a notice of intent to participate.

(2) No more than ten days after publication of the hearing notice in accordance with 211 CMR 41.13(8), a person who wishes to intervene in the Proceeding, other than the State Rating Bureau, Statutory Intervenors, or the Carrier, shall simultaneously file, and serve upon the Carrier, the State Rating Bureau and all Statutory Intervenors and already permitted Intervenors, a petition for leave to participate as an Intervenor. The petition must state the name and address of the petitioner; its grounds for seeking leave to intervene, including the manner in which it is affected by or interested in the proceeding; the contentions of, and relief sought by, the petitioner; the statutory or other authority in support of the petition; a description of the extent of the petitioner's proposed intervention, including the nature, if any, of the evidence the petitioner seeks to present if the petition is granted; and a statement explaining why the petitioner's interests would not be adequately represented by the Carrier or Intervenors already participating and how the petitioner will avoid introduction of repetitive testimony and not unduly delay the Hearing.

(3) A Party opposing a petition to intervene shall file a written objection, setting forth the grounds for its objection, no later than two days after service of the petition.

(4) The Presiding Officer may schedule a hearing on the petition. The Presiding Officer shall determine whether the petitioner will be allowed to intervene in the Proceeding. The Presiding Officer may order two or more Intervenors to consolidate their appearances or presentations if consolidation will facilitate and expedite the Proceeding.

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