Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 77.00 - Procedures For The Conduct Of Proceedings On Fixed-and-established Private Passenger Motor Vehicle Insurance Rates
Section 77.04 - Initiation of Proceedings

(a) Contents of notice of hearing. Notices of hearing shall contain:

(b) Publication of notice of hearing. In a proceeding to fix and establish rates, the insurer shall publish the hearing notice issued by the Commissioner in at least one newspaper printed in each of the cities and towns prescribed by M.G.L. c. 175, § 113B. In a proceeding on an application to deviate downward fromfixed-and-established rates, the insurer shall publish the hearing notice issued by the Commissioner in a newspaper of general circulationinMassachusetts, and shall serve a copy of the notice of hearing on all parties to the proceeding which fixed and established the rates from which a deviation is sought. In all proceedings, the insurer shall file proof of publication within 21 days of publication. The Presiding Officer may require additional evidence of compliance with 211 CMR 77.01(b). The Commissioner shall notify by mail persons who have filed a written request for notice in accordance with 211 CMR 16.08.

(a) Statutory Intervenors. No more than 14 days after the publication of the notice of hearing, or within such other time as the hearing notice may designate, statutory intervenors shall submit a notice of intent to appear.

(b) Intervenors and Participants. No more than ten days after the insurer's filing ha s b ee n submitted, or within such other time as the hearing notice may designate, any person who wishes to participate in a proceeding, other than the insurer filing under 211 CMR 77.05(1)(a), the State Rating Bureau and statutory intervenors, shall file a petition for leave to intervene or to participate. Each petition shall state the name and address of the petitioner; the manner in which the petitioner is substantially and specifically affected by the proceeding; the contention of the petitioner; the relief sought and the statutory or other authority for the petition; and the nature of the evidence the petitioner will present if the petition is granted, or if specified in the hearing notice, any advisory filing that that person wishes to make if allowed to intervene.

(c) Responses to Petitions. The insurer, statutory intervenors and the State Rating Bureau may file responses to a petition within seven days after the petition is filed, or within such other time as the Presiding Officer may designate.

(d) Action on Petitions. The Presiding Officer shall rule on all petitions and may grant a person leave to intervene in the whole or a portion of a proceeding, or may allow a person who is not permitted to intervene to make a limited appearance as a participant by making an oral or written statement of his or her position on the issue, or by other participation as the Presiding Officer may determine. Such grant may be conditioned on terms as the Presiding Officer may determine. No grant of leave to intervene or participate shall be deemed to constituteanexpressionby the Division that the person allowed to participate is a person who may be aggrieved by a final decision, order or ruling, unless the grant explicitly so states. The Presiding O fficer, in his or her discretion, may require petitioners to consolidate their appearances if consolidation will facilitate and expedite the he a r ing.