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 110.05 - Advisory Filings

Current through Register 1525, July 5, 2024
(1)
Advisory Filing by the State Rating Bureau
. The State
			 Rating Bureau shall submit its Advisory Filing 14 days after the conclusion of
			 the cross-examination of witnesses whose direct testimony is included in a Rate
			 Filing.
(2)
Advisory
			 Filing by Statutory Intervenors
. No fewer than ten days before the
			 scheduled date of the initial hearing, a Statutory Intervenor shall file a
			 notice of intent to appear as an Interested Party. Any Statutory Intervenor
			 appearing as an Interested Party shall submit its Advisory Filing ten days
			 after the conclusion of the cross-examination of witnesses whose direct
			 testimony is included in a Rate Filing.
(3)
Petitions for Leave to
			 Participate and Advisory Filings by Interested Parties.
No more
			 than four days after publication of a notice of hearing in accordance with
			 211 CMR 110.06,
			 any person, agency or organization that wishes to appear and present testimony
			 at the hearing, other than the State Rating Bureau, Statutory Intervenors, or
			 the Filing Party, may submit a petition for leave to participate as an
			 Interested Party. Such petition shall state the grounds for the petition. Not
			 more than three days after receipt of such petition, the Presiding Officer
			 shall issue a decision on it. If the petition is granted, the Interested Party
			 shall submit its Advisory Filing ten days after the conclusion of the
			 cross-examination of witnesses whose direct testimony is included in a Rate
			 Filing.
(4)
Content and
			 Form of Advisory Filings
. Any person making an Advisory Filing
			 shall submit five copies to the Division, unless the Presiding Officer directs
			 otherwise, and shall serve copies on the Filing Party, State Rating Bureau,
			 statutory intervenors and interested parties. Each Advisory Filing shall fully
			 raise all issues the party making the filing is presenting for consideration at
			 the hearing, and shall include complete narrative statements and information
			 necessary to explain those issues, all data, statistics, schedules and exhibits
			 necessary to substantiate the party's recommendations, and the direct testimony
			 of any witness offered by that party.
(5)
Supplementary
			 Information
. If the Presiding Officer determines that the material
			 presented in an Advisory Filing is irrelevant, immaterial or insufficient, he
			 or she may order the party making the filing to submit additional
			 information.
(6)
Rejection of Advisory Filings
. The Presiding Officer
			 may reject any Advisory Filing if he or she determines that it does not comply
			 with applicable law or the procedures and format prescribed by
			 211 CMR 110.00.
(7)
Consolidation of
			 Presentations on Advisory Filings
. If the Presiding Officer
			 determines that two or more petitioners have submitted Advisory Filings which
			 are similar in scope, he or she may, in his or her discretion, require those
			 petitioners to consolidate their presentations.
(8)
Notice of Appearance of
			 Counsel or Authorized Representative
. Any person making an
			 Advisory Filing shall submit with the filing a notice of appearance of counsel
			 or other authorized representative.