Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 91.00 - Motor Vehicle Insurance Rates
Section 91.09 - Conduct of the Hearing

(1) Hearing Docket. The Division shall maintain a hearing docket and assign a number to each hearing. The Division shall enter in such docket all documents relating to each proceeding to which 211 CMR 91.00 applies.

(2) Ex Parte Communications. From the commencement of a hearing subject to 211 CMR 91.00 until the rendering of a final decision, no person who is not employed by the Division shall communicate ex parte with the Commissioner or Presiding Officer with respect to the merits of that proceeding; provided that a request for a report concerning the status of a proceeding or an inquiry a s to the Division's practice or procedure shall not be prohibited by 211 CMR 91.09(2). If the Presiding Officer determines that a Party or his agent has violated 211 CMR 91.09, he may exclude the Party from the hearing or decide against him with prejudice. If the Presiding Officer determines that a person not a Party has violated 211 CMR 91.09, he may exclude that person from the hearing.

(3) Oral Statements. The Presiding Officer may specify the amount of time allowed to any speaker for an Oral Statement. Although Oral Statements will generally be heard at the commencement of a hearing, the Presiding Officer may, in his discretion, grant permission to any person to make an Oral Statement at any time during a hearing. If he determines that an Oral Statement is irrelevant, immaterial or unduly repetitious, he may restrict the time allowed to a speaker. Persons making Oral Statements need not be sworn as witnesses.

(4) Motions. The Presiding Officer may make rulings regarding the admissibility of evidence or any other matter which may arise during a hearing. Any party making application to the Presiding Officer for a ruling on any issue other than the admissibility of evidence shall do so by motion which shall state the ruling sought and the grounds therefor. The Presiding Officer may require that a motion be presented in writing. The Presiding Officer may, in his discretion, hear oral argument on a motion prior to making a decision therein thereon.

(5) Objections to Rulings. At the time that the Presiding Officer makes a ruling, any party shall make known his objection to the ruling and his grounds therefor; provided that if a party has no opportunity to object to a ruling at the time it is made, such party may, within three days of receipt of the ruling, state in writing his objection and his grounds therefor.

(6) Official Notice. The Presiding Officer may take official notice of any fact which may be judicially noticed by the courts of this Commonwealth, and in addition, may take official notice of general, technicalor scientific facts within his specialized knowledge or information contained in documents filed with the Division of Insurance; provided that the Presiding O fficer shall notify all parties of the material so noticed, and provided further that any party, upon timely request, shall be afforded an opportunity to contest the facts so noticed.

(7) Evidence. The Presiding Officer need not observe the rules of evidence observed by the courts of the United States or of this Commonwealth, but shall observe the rules of privilege recognized by Massachusetts law. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The Presiding Officer may exclude testimony or evidence which he determines to be unduly repetitious or to have an unreasonably dilatory effect upon the hearing process. All evidence, including any documents in the possession of the Division of which the Presiding Officer desires to avail himself in making a decision, shall be offered and made a part of the record in the hearing.

(8) Cross-Examination and Rebuttal Evidence. Every party shall have the right to call and examine witnesses, to cross-examine witnesses, and to submit affirmative and rebuttal evidence.

(9) Offers of Proof. Any offer of proof made in conjunction with an objection to a ruling by the Presiding Officer rejecting or excluding evidence shall consist of a statement of the substance of the evidence which the party making such offer contends would be adduced by the testimony, and if the rejected or excluded evidence consists of documents or of references to documents, a copy of such documents shall be marked for identification and shall constitute the offer of proof.

(10) Stipulations. At any stage of the hearing the parties may, either orally or in writing, stipulate to any pertinent facts. In making his findings, the Presiding Officer need not be bound by any such stipulation.

(11) Oral Argument. The Presiding Officer may, either on his own motion or on the motion of any party, allow and designate time for the presentation of oral argument.

(12) Conduct of Persons Present. All Parties, counsel, witnesses and other persons present at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in the courts of the Commonwealth. Where such standards are not observed, the Presiding Officer may take such action as he deems appropriate to maintain order, including the exclusion of any disorderly person for the hearing. If the person so excluded is a Party or his agent, the Presiding Officer may decide against such Party with prejudice.

(13) Transcripts. All proceedings in a hearing shall be officially recorded and transcribed by a reporter approved by the Presiding Officer. Insurers, Insurance Company Groups a nd Rating Organizations which are Parties shall pay the cost of the reporter's fees, together with the cost of providing the Division with a copy of the transcript. Other Parties may obtain copies of the transcript from the reporter at cost.