Mass. Gen. Laws ch. 176H, sec. 9 — MA Code / Part I / Title XXII / Chapter 176H / Section 9
Issuance of membership certificates; filing of copy of plan and certificate for commissioner's approval; hearing
Status: in_force

Section 9. No sponsor shall issue a membership certificate or any amendment to a membership certificate previously approved and issued without prior approval of the commissioner, and prior to such approval the sponsor shall file a copy of the membership legal services plan and membership certificate to be issued thereunder with the commissioner and copies thereof to the advisory committee on prepaid legal services. The advisory committee on prepaid legal services shall review the membership legal services plan and membership certificate and advise the commissioner in writing whether such plan and certificate are in conformity with rules of the supreme judicial court governing the practice of law. Within thirty days after the filing of any such plan or certificate the commissioner shall either approve the plan in writing or hold a public hearing on such plan, after not less than fifteen days written notice to all interested parties. The advisory committee on prepaid legal services shall be a party with respect to any plan or certificate filed under this section, shall have the right to participate in any hearing held hereunder, and shall receive notice of the approval by the commissioner of any plan or certificate under this section. Any such plan and certificate shall be approved unless the commissioner finds that the plan or certificate contains any provision which is unfair, inequitable, misleading or deceptive, or that the plan or certificate does not comply with the provisions of this chapter or any other applicable provision of law or rule of the supreme judicial court, or that the sponsor has failed to establish its ability to provide covered legal services to its members in accordance with the terms of the membership certificate. The commissioner may approve any such plan subject to such conditions as may be appropriate to assure the continuing ability of the sponsor to provide covered legal services to its members in accordance with the terms of the membership certificate.

Section 9. No sponsor shall issue a membership certificate or any amendment to a membership certificate previously approved and issued without prior approval of the commissioner, and prior to such approval the sponsor shall file a copy of the membership legal services plan and membership certificate to be issued thereunder with the commissioner and copies thereof to the advisory committee on prepaid legal services. The advisory committee on prepaid legal services shall review the membership legal services plan and membership certificate and advise the commissioner in writing whether such plan and certificate are in conformity with rules of the supreme judicial court governing the practice of law.

Within thirty days after the filing of any such plan or certificate the commissioner shall either approve the plan in writing or hold a public hearing on such plan, after not less than fifteen days written notice to all interested parties. The advisory committee on prepaid legal services shall be a party with respect to any plan or certificate filed under this section, shall have the right to participate in any hearing held hereunder, and shall receive notice of the approval by the commissioner of any plan or certificate under this section. Any such plan and certificate shall be approved unless the commissioner finds that the plan or certificate contains any provision which is unfair, inequitable, misleading or deceptive, or that the plan or certificate does not comply with the provisions of this chapter or any other applicable provision of law or rule of the supreme judicial court, or that the sponsor has failed to establish its ability to provide covered legal services to its members in accordance with the terms of the membership certificate. The commissioner may approve any such plan subject to such conditions as may be appropriate to assure the continuing ability of the sponsor to provide covered legal services to its members in accordance with the terms of the membership certificate.