Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 110.00 - Procedures Concerning Rate Filings And The Conduct Of Hearings For Workers' Compensation Insurance › Section 110.08 - Conduct of the Proceeding

Current through Register 1525, July 5, 2024
(1)
Presiding Officer
. The Presiding Officer, in
			 conducting the Proceeding, may administer oaths and affirmations, and shall
			 make all decisions on the admission or exclusion of evidence and testimony and
			 on any other procedural matters which arise in the course of the Proceeding.
			 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. The Presiding Officer may grant an extension of time
			 or allow a party's motion for an extension if he or she determines that an
			 extension is appropriate.
(2)
Ex Parte
Communications
. From the start of a Proceeding under
			 211 CMR 110.00 until the
			 rendering of a final decision, no person who is not employed by the Division
			 shall communicate
ex parte
with the Commissioner, the
			 Presiding Officer, or any Division employee involved in the decision process
			 for the proceeding in question, with respect to the merits of the proceeding. A
			 request for a report concerning the status of a proceeding or an inquiry as to
			 the Division's practice or procedure shall not be considered an
ex
			 parte
communication. If the Presiding Officer determines that a party
			 has violated 211 CMR 110.08(2), the Presiding Officer may exclude such party
			 from the hearing or decide against that party with prejudice. If the Presiding
			 Officer determines that a person not a party has violated 211 CMR 110.08(2),
			 the Presiding Officer may exclude that person from the hearing.
(3)
Oral Statements
.
			 Oral Statements are generally heard at the commencement of an initialhearing,
			 but the Presiding Officer may, in his or her discretion, permit Oral Statements
			 later in the course of a Proceeding. Persons making Oral Statements shall not
			 be sworn as witnesses. The Presiding Officer may specify the amount of time
			 allowed to any person making an Oral Statement and, if the Presiding Officer
			 determines that an Oral Statement is irrelevant, immaterial or unduly
			 repetitious, may further restrict the time allowed
(4)
Motions
. A party
			 may, by motion, request a ruling from the Presiding Officer. The motion shall
			 state the ruling sought and the grounds therefor. The Presiding Officer may
			 require a party to submit a motion in writing and may, in his or her
			 discretion, hear oral argument on the motion before rendering a
			 decision.
(5)
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, technical or scientific facts
			 within his or her specialized knowledge; provided that the Presiding Officer
			 shall notify all parties of the material so noticed and shall, upon timely
			 request, permit any party to contest the facts so noticed. The Presiding
			 Officer may utilize his or her technical experience, technical competence, and
			 specialized knowledge in the evaluation of the evidence presented.
(6)
Evidence
. The
			 Presiding Officer need not observe the rules of evidence observed by the courts
			 of Massachusetts or of the United States, 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 or she determines is unduly
			 repetitious, or will have an unreasonably dilatory effect upon the Proceeding,
			 or should have been submitted as part of a Rate Filing or Advisory Filing. All
			 evidence, including any records, investigative reports and documents in the
			 possession of the Division, which the Presiding Officer desires to use in
			 making a decision, shall be offered and made a part of the record in the
			 Proceeding, and no other factual information or evidence shall be considered
			 except as provided in 211 CMR 110.08. Documentary evidence may be submitted in
			 the form of copies or excerpts, or by incorporation by reference.
(7)
Cross-Examination and
			 Rebuttal Evidence
. Every party, except as otherwise provided by
			 law, shall have the right to submit written testimony, to cross-examine
			 witnesses, and to submit rebuttal evidence in denial of an affirmative fact
			 which an adverse party has endeavored to prove. To the extent that any party
			 intends to introduce rebuttal and surrebuttal evidence, it shall inform the
			 Presiding Officer, as soon as practicable, of its intention, the subject of the
			 proposed evidence and the identity of any witnesses.
(8)
Additional
			 Evidence
. At any stage of the hearing, the Presiding Officer may
			 call for further evidence upon any issue, and may require any party or parties,
			 or the State Rating Bureau, to present such evidence. The Presiding Officer
			 may, in his or her discretion and for good cause shown, permit a party during
			 the hearing to introduce exhibits and to raise issues not included in its
			 Advisory Filing or Rate Filing.
(9)
Control of Testimony
. If the Presiding Officer
			 determines that the testimony of a witness is irrelevant, immaterial or
			 repetitious, he or she may order the witness to limit or omit further testimony
			 on a particular subject or to cease testifying. The Presiding Officer shall
			 have the right to question witnesses at any time in the course of their
			 testimony.
(10)
Offers
			 of Proof
. A party may make an offer of proof after a ruling by the
			 Presiding Officer excluding proposed evidence The offer of proof shall include
			 a summary of the substance of proposed oral testimony and copies of documents.
			 The Presiding Officer may require that the offer of proof be made in writing.
			 All written offers of proof shall be marked for identification.
(11)
Stipulations
.
			 At any stage of the Proceeding, the parties may stipulate to any pertinent
			 facts, either orally or in writing. If the Presiding Officer rejects a
			 stipulation, in whole or in part, he or she shall so state on the record and
			 shall, as appropriate, allow the parties to present evidence and argument on
			 the issue.
(12)
Oral
			 Argument
. After completion of evidentiary hearings in a
			 Proceeding, the Presiding Officer may, on his or her own or on the motion of
			 any party, allow oral argument. In determining whether oral argument should be
			 allowed, the Presiding Officer shall consider the complexity or importance of
			 the issues, the public interest to be served, 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. When such standards are not observed, the
			 Presiding Officer may take such action as he or she deems appropriate to
			 maintain order, including the exclusion of any disorderly person from the
			 hearing. If the person so excluded is a party, its counsel or its authorized
			 representative, the Presiding Officer may decide against such party with
			 prejudice.
(14)
Transcripts
. The Filing Party shall engage a qualified
			 stenographer officially to record and transcribe a Proceeding. The Filing Party
			 shall pay the stenographer's fees, together with the cost of providing two
			 copies of the transcript to the Division, in the format determined by the
			 Presiding Officer, and one copy to each Statutory Intervenor. Other parties may
			 obtain copies of the transcript from the stenographer at cost.