Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 41.00 - Nongroup Health Insurance Rate And Policy Form Filings, Review, And Hearing Procedures Under M.g.l. C.176m › Section 41.19 - Conduct of Proceedings

Current through Register 1525, July 5, 2024
(1)
Presiding Officer
. The Presiding Officer conducts the
			 Proceeding and makes all decisions on the admission or exclusion of evidence
			 and other procedural matters that arise during the Proceeding. The Presiding
			 Officer may issue orders he or she finds proper, expedient or necessary to
			 enforce and administer the provisions of
			 211 CMR 41.00, M.G.L. c. 176M
			 and M.G.L. c. 30A. The Presiding Officer administers oaths and affirmations,
			 schedules hearings and may order the consolidation of related Proceedings. The
			 Presiding Officer may impose sanctions on a Party that does not comply with his
			 or her orders, including entering orders for decision on one or more issues,
			 limiting the introduction of evidence or a Party's participation in the
			 Proceeding, and addressing other matters he or she deems appropriate. The
			 Presiding Officer may shorten or terminate any phase of the proceeding for a
			 Party's failure, without good cause, to comply with the schedule or to proceed
			 with expedition. At any time during the Proceeding, the Presiding Officer may
			 extend or shorten a time period at the request of a Party or may do so on his
			 or her own if he or she determines that an extended or shortened time period is
			 appropriate.
(2)
Ex Parte
Communications
. From the
			 start of the Proceeding until the rendering of a final decision no person who
			 is not employed by the Division may communicate exparte with the Presiding
			 Officer, the Commissioner, or any employee of the Division involved in the
			 decision process for the proceeding regarding the merits of that Proceeding. An
			 inquiry about the status of a Proceeding is not considered an exparte
			 communication. If the Presiding Officer determines that a Party has violated
			 211 CMR 41.19(2), he or she may impose appropriate sanctions against that
			 Party, which may include excluding the Party from the Proceeding or deciding
			 against it with prejudice. If the Presiding Officer determines that a person
			 not a Party has violated 211 CMR 41.19(2), he or she may impose appropriate
			 sanctions against that person, which may include excluding that person from the
			 Proceeding.
(3)
Examination and Rebuttal Evidence
. A Party shall have
			 the right to call and examine witnesses, to cross-examine witnesses, and to
			 submit affirmative and rebuttal evidence.
(4)
Rebuttal and Surrebuttal
			 Filings
. A Party seeking to submit additional evidence to rebut an
			 affirmative fact which another Party has sought to prove may move to submit
			 rebuttal or surrebuttal evidence. A Party seeking to introduce rebuttal or
			 surrebuttal evidence shall move for leave to do so as soon as practical, and
			 shall include in its motion the subject of the proposed evidence, the necessity
			 for further testimony at this stage of the Proceeding and the identity and
			 availability of witnesses offering the testimony. The Presiding Officer may
			 grant or deny the motion, and may order such evidence to be submitted orally or
			 in writing.
(5)
Motions
. A Party requesting a ruling shall make a
			 motion which states the ruling sought and the grounds for the request. The
			 Presiding Officer may require that a motion be presented in writing. A Party
			 opposing a written motion shall file an opposition no later than two days after
			 the filing and service of the motion. The Presiding Officer may hear oral
			 argument on a motion.
(6)
Objections to Rulings
. At the time that the Presiding
			 Officer makes a ruling, any Party shall make known any objection to the ruling
			 and his grounds, 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 any objection and the grounds therefore.
(7)
Official Notice
.
			 The Presiding Officer may take official notice of a fact which may be
			 judicially noticed by the Massachusetts courts and may take official notice of
			 general, technical or scientific facts within his or her specialized knowledge
			 or experience. The Presiding Officer shall notify all parties of the material
			 so noticed and shall permit a Party, upon timely request, to contest the facts
			 noticed. The Presiding Officer may use his or her technical experience,
			 technical competence, and specialized knowledge in the evaluation of the
			 evidence presented.
(8)
Evidence
. The Presiding Officer need not observe the
			 rules of evidence observed by the Massachusetts or United States courts, 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 evidence which he or she determines
			 to be unduly repetitious or likely to delay the Proceeding unnecessarily, or
			 which he or she determines should have been submitted earlier in the
			 Proceeding. All evidence on which the Presiding Officer's decision is based,
			 including records and documents in the Division's possession, will be made a
			 part of the record, and no other factual information may be
			 considered.
(9)
Control
			 of Evidence
. The Presiding Officer may question witnesses at any
			 time in the course of their testimony. At any stage of the Proceeding, the
			 Presiding Officer may recall witnesses for further examination, call for
			 further written evidence on an issue, and require that evidence be presented by
			 any Party. The Presiding Officer may limit, strike or terminate irrelevant,
			 immaterial or repetitious evidence. The Presiding Officer may, in his or her
			 discretion and for good cause shown, permit a Party to introduce exhibits and
			 raise issues not included in its Rate Filing or Responsive Filing. If, despite
			 an order from the Presiding Officer, a witness fails to be present for his or
			 her cross-examination or unreasonably obstructs cross-examination, the
			 Presiding Officer may find the witness to be unavailable. If the Presiding
			 Officer finds a witness to be unavailable, he or she may order all previous
			 testimony or evidence for which the witness is responsible stricken from the
			 record unless the Presiding Officer determines that no Party would be unduly
			 prejudiced by its inclusion.
(10)
Offers of Proof
. A Party may make an offer of proof
			 following a ruling by the Presiding Officer excluding proposed evidence. The
			 offer of proof includes a statement of the substance of proposed oral testimony
			 and copies of proffered documents. The Presiding Officer may require that
			 offers of proof be made in writing.
(11)
Stipulations
.
			 At any stage of the proceeding, the Parties may stipulate to a pertinent fact.
			 If the Presiding Officer rejects a stipulation, he o r she shall so state on
			 the record and, if appropriate, permit the parties to present evidence and
			 argument on the issue.
(12)
Oral Argument
. The Presiding Officer may allow or
			 require oral argument. In determining whether to allow oral argument, the
			 Presiding Officer may consider matters including the complexity or importance
			 of the issues, the necessity for clarification of issues, the public interest,
			 and the availability of time.
(13)
Conduct of Persons Present
. All persons present at a
			 Hearing shall conduct themselves in a manner consistent with the standards of
			 decorum commonly observed in the Massachusetts courts. The Presiding Officer
			 may issue orders appropriate to maintain order, including the exclusion of a
			 disorderly person from the Hearing. If the person excluded is a Party or its
			 representative, the Presiding Officer may decide against the Party with
			 prejudice.
(14)
Transcripts
. The Carrier shall engage a qualified
			 stenographer subject to the approval of the Presiding Officer to record and
			 transcribe the Proceeding. The Carrier shall pay the cost of the stenographer's
			 fees, and the cost of providing the Division with copies of the transcript in
			 the quantity and format determined by the Presiding Officer, which may include
			 an electronic copy, and of providing the State Rating Bureau and each Statutory
			 Intervenor with one copy. Other Parties may obtain copies of the transcript
			 from the stenographer at cost, unless the Presiding Officer determines that the
			 Carrier should provide the transcript to that Party.
(15)
Burden of
			 Proof
. In any hearing conducted in accordance with M.G.L. c. 176M
			 and
			 211 CMR 41.00, the burden
			 shall be on the Carrier to justify that the Rate Filing complies with M.G.L. c.
			 176M and
			 211 CMR 41.00.