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 77.10 - Appeal of the Decision

(1) Appeal. The Presiding Officer shall notify all parties of their right to appeal the decision and of the time within which to appeal.

(2) Appeal of Decision where the Decision is not Rendered or Approved by the Commissioner. Where the decision is not rendered or approved by the Commissioner, a person aggrieved by a finding, ruling, or decision rendered after the hearing may appeal the finding, order, or decision to the Commissioner who shall review it and may modify, affirm, or reverse the ruling, finding, or decision. A copyof the appeal shall be served on all parties. Upon the docketing of an appeal, the Commissioner shall set a briefing schedule. The brief of the aggrieved party shall state the grounds for the appeal and the remedy requested. The failure to file a brief within the time allotted shall be considered a waiver of the right to appeal. The Commissioner may, in his or her discretion, call all parties to a conference before making a ruling. Where the Commissioner determines after reading the brief of the aggrieved party that the appeal is without substantial merit he or she may dispose of the appeal without requesting briefs from other parties.