Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 91.00 - Motor Vehicle Insurance Rates
Section 91.07 - Initiation of a Hearing on a Rate Filing

(1) Time for Initiation. Except as otherwise provided in 211 CMR 91.00, a notice of hearing on any Rate Filing must be given within thirty days after a Rate Filing is submitted.

(2) Initiation by the Commissioner. The Commissioner may, in his discretion, initiate a hearing on a Rate Filing. The Commissioner may consider the recommendations of the State Rating Bureau, established by M.G.L. c. 26, § 8E, in determining whether to initiate a hearing.

(3) Request by the Attorney General. The Commissioner shall initiate a hearing on a Rate Filing if he receives from the Attorney General a written request to do so.

(4) Request by Insurance Producer. The Commissioner shall initiate a hearing on a Rate Filing if he receives a written request to do so from any insurance producer of any Insurer to which such Rate Filing is applicable or from any association representing insurance producers, provided:

(5) Request by an Insurer, Insurance Company Group, or Rating Organization. At any time prior to the proposed effective date of a Rate Filing, the Commissioner shall initiate a hearing on the Rate Filing if he receives a written request to do so from the Insurer, Insurance Company Group or Rating Organization which submitted the Rate Filing; provided that, in the discretion of the Commissioner, there may be no hearing on a Rate Filing under 211 CMR 91.07(5) if, at any time prior to its effective date, the Commissioner approves the Rate Filing.

(6) Form of Request. Concurrently with its request for a hearing made in accordance with 211 CMR 91.00, an initiating party shall submit to the Commissioner and to the Insurer, Insurance Company Group or Rating Organization which submitted the Rate Filing, a statement of issues specifying each aspect of the Rate Filing on which a hearing is sought.

(7) Suspension of Operation of Rate Filings. At any time prior to the effective date of a Rate Filing, the Commissioner may suspend the operation of the Rate Filing for not more than 45 days after its proposed effective date in order to hold a hearing and make a decision on the Rate Filing. An Insurer or Insurance Company Group may put its Rate Filing into effect on its proposed effective date upon furnishing the Commissioner with a written agreement, secured by a sufficient bond satisfactory to the Commissioner, to adjust the premiums affected by that Rate Filing so as to comply with the final determination of the Commissioner. No Rate Filing which has been disapproved by the Commissioner shall be effective following the date specified in the Decision, which shall not be less than 15 days after the date of such disapproval.

(8) Notice o f Hearing. No less than 15 days prior to the scheduled date of a hearing, the Commissioner shall cause notice of the hearing to be given by publishing notice thereof in at least one newspaper printed in the Commonwealth. Concurrently with such notice, the Commissioner shall cause notice of hearing to be given to the Insurer, Insurance Company Group or Rating Organization which submitted the Rate Filing, to the Attorney General, to the Massachusetts Consumers' Council, and to any person who has filed a written request for notice in accordance with applicable regulations. Each notice shall contain:

(9) Consolidation of Rate Filings for Purposes of Hearing. If the Commissioner determines that two or more Insurers, Insurance Company Groups or Rating Organizations have submitted Rate Filings which are similar in scope, he may, in his discretion, consolidate such Rate Filings for the purposes of hearing.