Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 54.00 - Procedure For Surrender And Non-renewal Of Licenses By Insurers Authorized To Write Motor Vehicle Insurance
Section 54.05 - Review of Filing

(1) The Commissioner shall promptly undertake a review of the applicant's withdrawal plan upon its receipt.

(2) Incomplete Filings. If the Commissioner finds that the initial withdrawal plan or any supplement thereto does not contain the information required in 211 CMR 54.04, the Commissioner shall, no later than ten days from the date of receipt of the initial withdrawal plan or supplement, notify the applicant orally or in writing that the withdrawal plan is incomplete and shall specify the additional documents or information required. The applicant shall file the additional information within ten days of its receipt of the notice, or as otherwise specified by the Commissioner. Failure to comply with such a request for additional information may delay any further action on the withdrawal plan. 211 CMR 54.05(2) does not limit the Commissioner's authority to impose any other sanctions permitted by law.

(3) Additional Information. At any stage during the review or implementation of a withdrawal plan, the Commissioner may request further information upon any issue or subject related to the withdrawal, and require such information to be supplied by the applicant within a reasonable time. An applicant may at any time submit information and seek to raise issues not included in its initial filing made pursuant to 211 CMR 54.00.

(4) The Commissioner, in his or her discretion, may conduct a hearing to inquire into any aspect of the withdrawal plan.

(5) In determining whether or not to approve the timing and terms of the applicant's withdrawal plan, the Commissioner shall take into account the following factors:

(6) The Commissioner shall issue a written decision on the applicant's withdrawal plan no later than 30 days after receipt of a complete withdrawal plan which includes all the materials referred to in 211 CMR 54.04(3), any supplements submitted by the applicant, and compliance with any requests by the Commissioner for further information. The Commissioner may approve the withdrawal plan or, if he or she determines that the plan requires revisions, issue a decision setting forth any required revisions to the withdrawal plan,

(7) If the Commissioner's decision requires revisions to an applicant's withdrawal plan, the applicant may appeal that decision by filing a written request for hearing within ten days of its receipt of the decision. The hearing shall be held within 30 days of receipt of the applicant's request. The applicant shall file a revised withdrawal plan within 30 days after the conclusion of the hearing. The Commissioner shall either approve the revised withdrawal plan or shall notify the applicant in writing of the reasons for rejecting its revised plan. The applicant may seek judicial review of the Commissioner's decision in accordance with the provisions of M.G.L. c. 30A, § 14.