Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 355 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS HELD UNDER THE MAINE PROPERTY AND AUTOMOBILE INSURANCE CANCELLATION CONTROL ACTS › Section 031-355-8 - Evidence

Current through 2024-29, July 17, 2024
A.
General Requirements.
The
				evidence presented shall be limited to matters related to the insurer's reason
				for cancellation or nonrenewal.
B.
Statements and Testimony.
All witnesses shall swear that their
				testimony is wholly truthful or shall make a solemn affirmation to that effect.
				Any person submitting a statement in lieu of appearance at the hearing shall
				attest to the truthfulness of the contents.
C.
Written evidence; exception.
No sworn written evidence shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause shown. No
				unsworn statement or accompanying evidence will be admitted.
D.
Witness Testimony by
				Telephone.
The Hearing Officer, in his or her discretion, for good cause
				shown, may allow witnesses to present direct testimony over the telephone,
				provided that any request to provide direct testimony over the telephone is
				made pursuant to the requirements of Section
				10(A) of this rule
				at least five (5) business days in advance of the date of the scheduled
				hearing, except for good cause shown.
E.
Evidence in Lieu of Party
				Appearance.
Any evidence submitted in lieu of a party's appearance at
				the hearing must be received by the Bureau by 5:00 p.m. on the business day
				before the day of the scheduled hearing, except for good cause shown.
				Submissions received after 5:00 p.m. on the business day before the day of the
				scheduled hearing will not be admitted into evidence except for good cause
				shown. Any such evidence must be accompanied by a properly notarized statement
				that the evidence is wholly truthful.
F.
Late-filed Exhibits.
The
				Hearing Officer may, in his or her discretion, allow documentary evidence that
				is unavailable at the time of the hearing to be filed subsequent to the close
				of the hearing if the evidence proposed to be submitted is described at the
				hearing with sufficient particularity to apprise all parties of its content and
				purpose.
(1) Unless another date or dates are
				specified by the Hearing Officer, late-filed exhibits shall be offered no later
				than ten (10) days after the last day upon which a hearing is held. A copy of
				each late-filed exhibit must be provided to each party at the same time that it
				is offered.
(2) The order of the
				Hearing Officer to allow the offering of such an exhibit shall not constitute
				admission of that document into evidence. Any party may, within five (5) days
				after an offer of any late-filed exhibit, object to its admission and/or
				request the opportunity to present cross-examination or to present rebuttal
				evidence in connection with the exhibit, unless that party has plainly and
				specifically waived its rights to do so on the record of the hearing at which
				leave to offer the exhibit was granted.
(3) If a timely objection or request for
				opportunity to cross-examine or to offer rebuttal has been made, the Hearing
				Officer may in his or her discretion, either (a) exclude the exhibit, or (b)
				schedule a supplementary hearing to receive further evidence and rule on the
				admissibility of the exhibit.