reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 340 - MORTALITY TABLES FOR DETERMINING MINIMUM RESERVES AND NONFORFEITURE BENEFITS › Appendix IV - Projection Scale G2- Male, Age Nearest Birthday

Current through 2024-29, July 17, 2024
AGE
G2x
AGE
G2x
AGE
G2x
AGE
G2x
0
0.010
30
0.010
60
0.015
90
0.007
1
0.010
31
0.010
61
0.015
91
0.007
2
0.010
32
0.010
62
0.015
92
0.006
3
0.010
33
0.010
63
0.015
93
0.005
4
0.010
34
0.010
64
0.015
94
0.005
5
0.010
35
0.010
65
0.015
95
0.004
6
0.010
36
0.010
66
0.015
96
0.004
7
0.010
37
0.010
67
0.015
97
0.003
8
0.010
38
0.010
68
0.015
98
0.003
9
0.010
39
0.010
69
0.015
99
0.002
10
0.010
40
0.010
70
0.015
100
0.002
11
0.010
41
0.010
71
0.015
101
0.002
12
0.010
42
0.010
72
0.015
102
0.001
13
0.010
43
0.010
73
0.015
103
0.001
14
0.010
44
0.010
74
0.015
104
0.000
15
0.010
45
0.010
75
0.015
105
0.000
16
0.010
46
0.010
76
0.015
106
0.000
17
0.010
47
0.010
77
0.015
107
0.000
18
0.010
48
0.010
78
0.015
108
0.000
19
0.010
49
0.010
79
0.015
109
0.000
20
0.010
50
0.010
80
0.015
110
0.000
21
0.010
51
0.011
81
0.014
111
0.000
22
0.010
52
0.011
82
0.013
112
0.000
23
0.010
53
0.012
83
0.013
113
0.000
24
0.010
54
0.012
84
0.012
114
0.000
25
0.010
55
0.013
85
0.011
115
0.000
26
0.010
56
0.013
86
0.010
116
0.000
27
0.010
57
0.014
87
0.009
117
0.000
28
0.010
58
0.014
88
0.009
118
0.000
29
0.010
59
0.015
89
0.008
119
0.000
120
0.000
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-1 - Definitions

Current through 2024-29, July 17, 2024
A. Superintendent. "Superintendent" means the
				Superintendent of the Bureau of Insurance.
B. Bureau. "Bureau" means the Bureau of
				Insurance.
C. Person. "Person"
				means any individual, partnership, corporation, governmental entity,
				association, or public or private organization of any character.
D. Party. "Party" means:
(1) The specific person or persons whose
				legal rights, duties or privileges are being determined in the proceeding;
				and
(2) Any person participating in
				the adjudicatory proceeding as an intervenor pursuant to these rules and
				applicable statute.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-2 - Scope and construction of rules

Current through 2024-29, July 17, 2024
A. Scope.
(1) Proceedings Governed. These rules shall
				govern all adjudicatory proceedings before the Superintendent under applicable
				laws of the State of Maine, except as otherwise provided by statute or rule.
				When the circumstances of a particular proceeding require more detailed
				procedures than those set forth in this Chapter, additional procedures may be
				specified by the Superintendent, by order applicable to that particular
				proceeding.
(2) Exceptions. These
				rules shall not apply to proceedings governed by the Automobile Insurance
				Cancellation Control Act, Title 24-A, Chapter 39, Subchapter II, or to
				proceedings governed by the Property Insurance Cancellation Control Act, Title
				24-A, Chapter 41, Subchapter V.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-3 - Deviation from rules

Current through 2024-29, July 17, 2024
A. Variation from
				this Chapter. In special cases, where good cause appears, the Superintendent
				may permit deviation from these rules or may deviate from them on his own
				motion, insofar as he may find compliance therewith to be impracticable,
				inexpedient or unnecessary.
B.
				Limitation. Nothing in this section shall permit the Superintendent to modify
				or deviate from any procedural requirement or deadline that is expressly set
				forth in a statute without provision for waiver or modification.
C. Request. Except under extraordinary
				circumstances, all requests for deviation from procedural rules shall be in
				writing. The Superintendent reserves the right to summarily reject oral
				requests made under this section.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-4 - Communications

Current through 2024-29, July 17, 2024
A. Filings. In filing papers with the
				Superintendent as required or permitted by applicable statute, these rules, or
				an order of the Superintendent they shall be deemed to be officially filed or
				received only when received at the Bureau during the hours that it is open. All
				written communications or documents related to an application or other
				proceeding pending before the Superintendent shall be addressed to the
				Superintendent, except where submitted in response to a request from a member
				of the Bureau staff or as otherwise requested by the Superintendent. The
				acceptance of any document for filing does not constitute a determination that
				the contents of the document are sufficient for the purpose for which it is
				filed.
B. Service. Unless otherwise
				ordered whenever a document is filed with the Superintendent which relates to
				an application or other proceeding pending before the Superintendent, it shall
				at the same time be served on all parties and proposed intervenors in the
				matter, except that a petition to intervene need be served only on the
				parties.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-5 - Time

Current through 2024-29, July 17, 2024
A. Time Calculations. In computing any period
				of time prescribed or allowed by these rules or by order of the Superintendent,
				the day of the act, event, or default after which the designated period of time
				begins to run is not to be included. The last day of the period so computed is
				to be included unless it is a Saturday, a Sunday, or a legal holiday, in which
				event the period runs until the end of the next day which is not a Saturday, a
				Sunday, or a holiday. Where the time period within which an action must be
				taken is specified by statute, the terms of the statute control and the
				provisions of this paragraph shall not apply.
B. Enlargement of Time. When by these rules
				or by a notice or order issued by the Superintendent, an act is required or
				allowed to be done at, before, or within a specified time, the Superintendent
				for cause shown may at any time, in his discretion, with or without request,
				motion or notice, order the period enlarged before the expiration of the period
				originally prescribed or as extended by a previous order, provided that time
				limits or periods that apply to other persons affected by the resulting change
				or delay are also adjusted appropriately. Requests for enlargement of time
				which are filed after expiration of the period originally prescribed or as
				extended by previous order will be granted only in exceptional
				circumstances.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-6 - Defective filings

Current through 2024-29, July 17, 2024
A. Applicability.
				The procedure specified in this Section shall apply to:
(1) statements required to be filed by
				
				24-A M.R.S.A. Sections222(4)
				and
				3476;
				and
(2)any worker's compensation
				rate filing subject to 39 M.R.S.A. Section22-C.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-7 - Motions and requests

Current through 2024-29, July 17, 2024
A. General
				Requirements. Every motion or request for an order or ruling of any kind by the
				Superintendent shall be in writing, unless made on the record during a hearing
				to which the request or motion is related. Every request or motion should
				include or be accompanied by a clear and detailed statement of the facts that
				support the order or other action sought. The statement supporting the request
				or motion should also include any arguments with respect to policy or law that
				have a bearing on the request.
B.
				Form. Requests or motions and their supporting papers should be clearly labeled
				on the first page with a title that includes "motion" or "request," a short
				description of the action or order requested, and a caption sufficient to
				identify the matter to which the request or motion relates. If legal arguments
				are advanced, the supporting statement accompanying the motion shall include
				citations to all supporting authorities relied upon by the moving
				party.
C. Statements in Opposition.
				Any party opposing a motion shall file a statement in opposition to the motion
				or request within seven (7) days after service of the motion, unless some other
				period is established by the Superintendent.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-8 - Notice

Current through 2024-29, July 17, 2024
A. Notice of Hearing. The provisions of
				 5 M.R.S.A. Section9052
				and Title
				 24-A M.R.S.A.
				Section230 govern the content and manner of
				notice of any adjudicatory hearing scheduled to be held by the
				Superintendent.
B. Preliminary
				Notice of Filing. The Superintendent may in his discretion give notice of the
				filing of an application in cases where (1) no hearing is required, (2) a
				decision as to whether to hold a hearing has not yet been made, or (3) a
				hearing has not yet been scheduled. This notice may be given for purposes of
				advising persons of their rights to intervene in a pending matter, scheduling a
				prehearing conference or for any other purpose he deems appropriate, and may
				contain such information as he deems relevant to its purpose. In cases where a
				preliminary notice is issued and a hearing is subsequently scheduled, a formal
				notice of hearing will also be issued in accordance with the terms of paragraph
				A of this section.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-9 - Public participation

Current through 2024-29, July 17, 2024
A. Intervenors. The
				provisions of
				5 M.R.S.A. Section
				9054 and 24-A M.R.S.A. Section 24-AM.R.S.A.
				Section 231(3) govern the admission and participation of intervenors in any
				adjudicatory proceeding before the Superintendent.
(1) Form of application. An application for
				intervenor status shall be made to the Superintendent in writing. An
				application for intervention as of right pursuant to
				5 M.R.S.A.
				Section9054(1) shall contain
				a statement explaining how the applicant is or may be, or is a member or class
				which is or may be, substantially and directly affected by the proceeding, or
				identifying the applicant's status as an agency of federal, state or local
				government. An application for permissive intervention pursuant to
				5 M.R.S.A.
				Section9054(2) shall contain
				a statement explaining the applicant's interest in the proceeding.
(2) Time for filing. An application for
				intervenor status may be filed at any time after the proceeding to which it
				relates is initiated, whether the proceeding is initiated by filing of an
				application with the Superintendent, by issuance of a notice of hearing or
				otherwise, but shall be filed within the time permitted for intervenor
				applications by an order of the Superintendent which is publicly noticed. Any
				person who applies for intervenor status after the deadline set by the
				Superintendent shall be permitted to intervene only upon a compelling
				demonstration of good cause.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-10 - Discovery

Current through 2024-29, July 17, 2024
A. Superintendent and Bureau Staff. The
				Superintendent and Bureau staff shall have all authority granted to them by
				statute to obtain information in any proceeding, and the provisions of this
				section shall not be construed to limit that authority in any way.
B. Informational Request by Parties. All
				parties shall have the right to serve informational requests upon any party,
				subject to the following terms and procedures.
(1) Form. Informational requests shall be in
				writing, unless made on the record in a hearing, and specifically directed to a
				party or parties. A copy of each request shall be provided to the
				Superintendent and each party.
(2)
				Scope. Informational requests shall be relevant to the issues involved in the
				pending proceeding, and shall not be unduly burdensome or
				repetitious.
(3) Objections.
				Objections to an informational request shall be filed with the Superintendent
				no later than five (5) working days after it is received, unless some other
				period is prescribed by order.
(4)
				Response to informational request. Each informational request shall be answered
				within fourteen (14) days after its receipt or such other period as may be
				ordered by the Superintendent, except as to any part of a request to which
				specific and timely objection is made. In cases where timely objection has been
				made and the objection is subsequently overruled, the requested information
				shall be provided within fourteen (14) days of receipt of the Superintendent's
				ruling on the objection or such other period as may be provided in that ruling.
				A copy of the responsive material shall be provided to the Superintendent and
				to each party. Responsive material does not become part of the record of
				hearing unless offered and admitted.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-11 - Prehearing conferences

Current through 2024-29, July 17, 2024
A. General. The
				Superintendent may hold a prehearing conference for any purpose that may
				expedite the orderly conduct and disposition of a proceeding, including but not
				limited to formulating or simplifying the issues, considering motions,
				establishing discovery schedules, resolving discovery disputes, arranging for
				exchange of proposed exhibits or prefiled testimony, identifying witnesses or
				providing for procedures to be followed at the hearing. In cases where he deems
				it advisable, the Superintendent may hold more than one prehearing conference
				with respect to a proceeding.
B.
				Notice. Notice of a prehearing conference shall be given either in the notice
				of hearing or pursuant to Section 8 B of these rules.
C. Prehearing Memoranda. The Superintendent
				may require the filing of prehearing memoranda before or after a prehearing
				conference, or both, as he deems appropriate. The contents and order of filing
				of these memoranda shall be specified in an order issued by the
				Superintendent.
D. Prehearing
				Order. The Superintendent may issue an order based upon a prehearing conference
				or prehearing memoranda which will control the course of subsequent
				proceedings. Modification of such order may be allowed at the hearing by the
				Superintendent but only for good cause shown or to prevent manifest
				injustice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-12 - Subpoenas

Current through 2024-29, July 17, 2024
A. Authority. In any adjudicatory proceeding,
				any party upon application shall be entitled as of right to the issuance of
				subpoenas in the name of the Superintendent to require the attendance and
				testimony of witnesses and the production of any evidence relating to any issue
				of fact in the proceeding, subject to the provisions of
				5 M.R.S.A. Section
				9060(1) and 24-A M.R.S.A.
				Sections 232233.
B. Form. Each
				request for issuance of a subpoena shall be accompanied by a proposed subpoena
				which shall, to the extent practicable, adhere to the form used in civil
				actions.
C. Service. The party
				requesting the subpoena shall be responsible for service. A subpoena may be
				served by the sheriff, his deputy, a constable or any other person who is not a
				party and not less than eighteen (18) years of age, by delivering a copy of the
				subpoena to the person named in it. The party requesting the subpoena shall
				also be responsible for the tender of witness fees to the extent required by
				Title
				 24-A M.R.S.A.
				Section232(3).
D. Timing of Requests of Subpoenas. Requests
				for subpoenas will be processed as expeditiously as is reasonably possible;
				however, the requesting party should not anticipate immediate issuance of a
				subpoena upon filing of the request. Requests for subpoenas requiring
				attendance or production of documents at a scheduled hearing should be filed no
				later than 5 working days prior to the hearing date, unless some other deadline
				is provided by order of the Superintendent, in order to provide the witness
				subpoenaed a reasonable opportunity to exercise his rights under
				 5 M.R.S.A.
				Section9060(1)(C) to
				petition the Superintendent to vacate or modify the subpoena. Requests for
				subpoenas filed less than the prescribed number of working days before a
				scheduled hearing will be granted only upon a showing of good cause.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-13 - Hearings: general provisions

Current through 2024-29, July 17, 2024
A. When Held.
				Hearings will be held whenever required by statute, when requested in
				accordance with
				 24-A M.R.S.A.
				Section229, and otherwise as the
				Superintendent may determine in specific cases.
B. Fairness. Hearings shall be conducted in
				an impartial manner.
C. Rights of
				the Parties. Unless limited by stipulation or order in accordance with this
				chapter, or unless limited by the Superintendent to prevent repetition or
				unreasonable delay in proceedings, every party shall have the right to present
				evidence and argument on all relevant issues, and at any hearing to call and
				examine witnesses and to make oral cross-examination of any person present and
				testifying.
D. Bureau
				Participation. Hearings will be held before the Superintendent or such
				presiding officer as he may designate. The Bureau staff may appear at any
				hearing and shall have all rights of participation in any proceeding as the
				parties have.
E. Sworn Testimony.
				All witnesses shall swear that their testimony is wholly truthful or shall make
				a solemn affirmation to that effect in lieu thereof.
F. Presiding Officer.
(1) Authority. The Superintendent may
				designate a presiding officer for any hearing pursuant to
				 5 M.R.S.A.
				Section9062. A presiding officer shall have
				all powers enumerated in Section 9062(3) and in these rules, and, in addition
				may exercise such powers of the Superintendent under these rules as he may
				designate.
(2) Reports.
a. Any proposed findings of fact, or any
				proposed decision prepared by the presiding officer shall be made only in the
				form of a written report. A copy of the report shall be provided to each party,
				and an opportunity shall be provided for response or exceptions to be filed by
				each party. The presiding officer shall set the time within which exceptions
				may be filed.
b. The presiding
				officer may orally recount the evidence and may orally provide the
				Superintendent with advice in the course of his deliberations, whether or not a
				report has been prepared. When a report has been prepared and the time for
				filing has elapsed, the presiding officer may, upon request of the
				Superintendent, comment upon the proceeding, his report, and the exceptions
				thereto.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-14 - Exhibits

Current through 2024-29, July 17, 2024
A. Technical Matter. When evidence to be
				presented consist of technical matter or figures so numerous to make oral
				presentation difficult to follow, it shall be presented in exhibit form,
				supplemented and explained by oral testimony.
B. Withdrawal of Exhibits. No exhibit
				received in evidence may be withdrawn except with the approval of the presiding
				officer at the hearing.
C.
				Late-Filed Exhibits.
(1) The presiding
				officer may, in his discretion, allow documentary evidence that is unavailable
				at the time of hearing to be marked as a late-filed exhibit and offered as
				evidence after the close of hearing if (a) the evidence proposed to be
				submitted is described at the hearing with sufficient particularity to apprise
				all parties of its content and purpose; and (b) the parties agree that the
				evidence may be offered as a late-filed exhibit, or the presiding officer so
				orders.
(2) Unless another date or
				dates are specified by the presiding officer, late-filed exhibits may be
				offered no later than ten (10) days after the last day upon which a hearing is
				held or five (5) days before the first date on which briefs must be submitted,
				whichever is earlier. A copy of each late-filed exhibit must be provided to
				each party at the same time that it is offered.
(3)The agreement of the parties or the order
				of the presiding 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 an opportunity to conduct 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.
(4) No less than five (5) days after the
				offer the presiding officer shall rule on the admissibility of each late-filed
				exhibit and include his ruling in the record of the proceeding. If a timely and
				valid objection or request for opportunity to cross-examine or to offer
				rebuttal has been made, the presiding officer may, in his discretion, either
				(a) exclude the exhibit; or (b) schedule a supplementary hearing to receive
				further evidence and rule on admissibility of the exhibit. In no event shall a
				supplemental hearing be scheduled if such would result in extending the time
				reasonably necessary for decision on the merits of the proceeding beyond the
				end of a period, fixed by statute or rule, within which the Superintendent is
				required to render his final order.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-16 - Bifurcated hearing

Current through 2024-29, July 17, 2024
In any proceeding initiated by the filing of an application
				  which the Superintendent has authority to approve or disapprove, the
				  Superintendent may order that any hearing be held in stages. In such cases, the
				  Superintendent may schedule a hearing recess of such duration as he deems
				  reasonable between hearings on each of (a) the direct case of the party making
				  the application, (b) the direct case of any other parties and advocacy staff,
				  if any, and (c) the filing party's rebuttal case.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-17 - Presentation of argument

Current through 2024-29, July 17, 2024
The Superintendent or presiding officer may, in his sole
				  discretion order or permit the filing of briefs and/or presentation of oral
				  arguments prior to the Superintendent's rendering of a decision.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-18 - Two-part decision

Current through 2024-29, July 17, 2024
In extraordinary circumstances, including those in which a
				  time constraint imposed by rule or statute requires the issuance of a decision
				  by a specific date, the Superintendent may issue his decision in two (2) parts.
				  The first part shall plainly state the result of the decision, specify the
				  orders made by the Superintendent and summarize the factual conclusions
				  reached. The second part shall contain the full statement of findings of fact
				  required by this section and made by the Superintendent as a basis for his
				  decision. This second part shall be issued as soon after the issuance of the
				  first part as possible, but in no case more than seven (7) days after such
				  issuance. The time for taking an appeal from a decision issued in two parts
				  begins to run from the issuance of the second part.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-19 - Rehearing and reforming

Current through 2024-29, July 17, 2024
Motions for rehearing or reopening to change, modify, rescind
				  or vacate a decision or order of the Superintendent must be filed with the
				  Superintendent within twenty (20) days after service of the determination or
				  order to which the request relates. Such motion or request shall conform to
				  Section
				  7 of this Chapter.
A. Effect of Rehearing or Reopening. Unless
				otherwise specified by the Superintendent, a decision to grant a motion to
				rehear or reopen a case does not act to stay the effect of the Superintendent's
				order to which the rehearing or reopening applies. A timely motion under this
				subsection terminates the running of time for an appeal, which then begins to
				run after the motion is acted on or deemed denied under Paragraph
				(B).
B. Any motion for rehearing or
				reopening that is not granted within twenty (20) days from the date of filing
				shall be deemed to be denied.
C.
				The Superintendent, may, on his own motion, and after notice to all parties,
				rehear or reopen any matter at any time, to the extent permitted by law.
History. -- Effective. .
History. -- Statutory Authority.--
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 031-355-1 - Authority and Purpose

Current through 2024-29, July 17, 2024
The Superintendent has adopted these rules pursuant to
				   24-AM.R.S.A.
				  §§212,
				  2920,
				  and
				  3054,
				  to establish procedural rules for the conduct of adjudicatory proceedings under
				  the Maine Property Insurance Cancellation Control Act,
				   24-A M.R.S.A.
				  §§3048 -
				  3056,
				  and the Automobile Insurance Cancellation Control Act,
				   24-A M.R.S.A.
				  §§2911 -
				  2924.
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 031-355-2 - Scope

Current through 2024-29, July 17, 2024
These rules shall govern all adjudicatory proceedings held
				  under the Maine Property Insurance Cancellation Control Act,
				   24-A M.R.S.A.
				  §§3048 -
				  3056,
				  and the Automobile Insurance Cancellation Control Act,
				   24-A M.R.S.A.
				  §§2911 -
				  2924.
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 031-355-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Superintendent.
"Superintendent" means the Superintendent of Insurance.
B.
Bureau.
"Bureau" means the
				Bureau of Insurance.
C.
Party.
"Party" means:
(1) The
				policyholder who has requested relief;
(2) The insurer against whom relief has been
				requested;
(3)  Any person
				participating in the adjudicatory proceeding as an intervenor pursuant to
				 5 M.R.S.A.
				§9054; and
(4) Any other person joined by order of the
				Hearing Officer because the person's participation is necessary to the fair
				adjudication of the dispute between the policyholder and
				insurer.
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 031-355-4 - Construction and Deviation from Rules

Current through 2024-29, July 17, 2024
A.
Liberal Construction.
These rules shall be liberally construed to
				secure just, speedy and economic determination of all matters pending pursuant
				to
				 24-A M.R.S.A.
				§§2920 or
				3054.
B.
Variation from this
				Chapter.
In special cases, where good cause appears, the Hearing Officer
				may permit deviation from these rules or may deviate from them on his or her
				own motion, upon finding compliance therewith to be impracticable, inexpedient,
				or unnecessary.
C.
Limitation.
Nothing in this section shall permit the Hearing
				Officer to modify or deviate from any procedural requirement or deadline that
				is expressly set forth in a statute without provision for waiver or
				modification.
D.
Requests.
Except under extraordinary circumstances, all requests
				for deviation from procedural rules shall be in writing. The Hearing Officer
				may summarily reject oral requests made under this section.
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 031-355-5 - Time

Current through 2024-29, July 17, 2024
A.
Time Calculations.
In
				computing any period of time prescribed or allowed by these rules or by order
				of the Superintendent, the day of the act, event, or default after which the
				designated period of time begins to run is not to be included. The last day of
				the period so computed is to be included unless it is a Saturday, a Sunday, a
				legal holiday, or a day on which the offices of the Bureau are closed, in which
				event the period runs until the end of the next business day. Unless some other
				time is clearly specified in writing, all time periods governed by this
				Subsection shall end at 5:00 p.m. on the last day. Where the time period within
				which an action must be taken is specified by statute, the terms of the statute
				control and the provisions of this paragraph shall not apply.
B.
Enlargement of Time.
When by
				these rules or by a notice or order issued by the Superintendent, an act is
				required or allowed to be done at, before, or within a specified time, the
				Hearing Officer for cause shown may at any time, in his or her discretion, with
				or without request, motion or notice, order the period enlarged before the
				expiration of the period originally prescribed or extended by a previous order,
				provided that time limits or periods that apply to other persons affected by
				the resulting change or delay are also adjusted appropriately. Requests for
				enlargement of time that are filed after expiration of the period originally
				prescribed or as extended by previous order will be granted only in exceptional
				circumstances.
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 031-355-6 - Hearings

Current through 2024-29, July 17, 2024
A.
When Held.
Hearings will be
				held when requested in accordance with
				 24-A M.R.S.A.
				§§2920 or
				3054.
				Hearings shall be requested by submitting a written request to the Bureau or by
				orally conveying the request to Bureau staff. A hearing request is deemed to
				have been filed only when the request is received at the Bureau during the
				hours which the Bureau is open. Hearing requests shall be filed only by a named
				insured, an attorney representing a named insured, or if the named insured is
				deceased, the representative of the estate of the named insured.
B.
How Held.
All hearings shall
				be held before a Hearing Officer. All hearings shall be conducted in an
				impartial manner and in accordance with Chapter 375, Subchapter IV of the
				Administrative Procedure Act codified at
				 5 M.R.S.A.
				§§9051 -
				9064. The
				Superintendent may designate a new Hearing Officer to replace the Hearing
				Officer originally designated to hear a matter. The Superintendent may also
				designate a temporary Hearing Officer to act upon a specific motion, should the
				designated Hearing Officer be unavailable.
C.
Purpose of Hearing.
The
				purpose of the hearing is limited to establishing the existence of the proof or
				evidence used by the insurer in its reason for cancellation or intent not to
				renew.
D.
Rights of
				Parties.
Unless limited by stipulation or order or unless limited by the
				Hearing Officer to prevent repetition or unreasonable delay in the proceeding,
				every party shall have the right to present evidence and argument at the
				hearing on all relevant issues. Each party shall have the right to call and
				examine witnesses and make oral cross-examination of any person
				testifying.
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 031-355-7 - Burden of Proof

Current through 2024-29, July 17, 2024
A.
Burden of
				Proof Generally.
The insurer bears the burden of proving by a
				preponderance of the evidence the existence of and statutory grounds for the
				reason that was included in the notice received by the insured of cancellation
				or intent not to renew a homeowner or automobile policy.
B.
Nonrenewal of Homeowner
				Policies.
In proceedings for the proposed nonrenewal of homeowner
				policies, the insurer must prove that the reason given in the notice of intent
				to nonrenew is either:
(1) Based upon a
				ground for cancellation permitted by
				 24-A M.R.S.A.
				§3049; or
(2) Both (a) a good faith reason; and (b)
				related to the insurability of the property that is the subject of the policy.
A statement by the insurer that the risk does not meet the
				  insurer's underwriting guidelines alone is not sufficient proof or evidence to
				  meet the insurer's burden of proof. Furthermore, the failure of a risk to meet
				  the insurer's underwriting guidelines for the subject property insurance policy
				  does not by itself make that risk "uninsurable" within the meaning of
				   24-A M.R.S.A.
				  §3049(5) or
				  otherwise.
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 031-355-9 - Communications

Current through 2024-29, July 17, 2024
A.
Filings.
Papers required or
				permitted by applicable statute, rule or order of the Superintendent to be
				filed with the Hearing Officer shall be deemed to be officially filed only when
				received at the Bureau during the hours that it is open.
B.
Service.
Unless otherwise
				ordered, whenever a document is filed pursuant to this rule, it shall at the
				same time be served on all parties and proposed intervenors in the matter at or
				before the date and time when it is required to be filed with the Bureau. If
				documents are served by mail, they are deemed to be served at 5:00 p.m. on the
				date the mail is delivered.
C.
Electronic Communications.
Documents may be filed or served by
				fax, electronic mail, or other electronic means only as agreed by the
				recipient.
D.
Ex
				Parte
Communications.
No party shall communicate with the
				Hearing Officer other than at the hearing except in writing with copies sent
				contemporaneously to all other parties of record.
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 031-355-10 - Motions and Requests

Current through 2024-29, July 17, 2024
A.
General
				Requirements.
Every motion or request for an order or ruling of any kind
				by the Hearing Officer shall be in writing, unless made on the record during a
				hearing to which the request or motion is related. Every motion or request
				should include or be accompanied by a clear and detailed statement of the
				grounds that support the action sought.
B.
Statements in Opposition.
Any
				party opposing a motion or request shall file a statement in opposition to the
				motion or request within five (5) days after service of the motion, unless some
				other period is established by the Hearing Officer.
C.
Continuances.
A request for a
				change in the date or time of a hearing may be made in writing, reasonably in
				advance of the date scheduled. Any such request shall be treated as a motion or
				request for an order or ruling. The Hearing Officer in his or her discretion
				may grant or deny the request. Motions for continuances shall be made no less
				than four (4) business days before the date set for the hearing unless good
				cause is shown.
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 031-355-11 - Coverage Order

Current through 2024-29, July 17, 2024
The Superintendent may order a policy that is the subject of
				  a proceeding governed by this Chapter to remain in force for up to fourteen
				  (14) days after a proceeding is concluded by written decision and order of the
				  Superintendent or by dismissal without decision on the merits. The coverage
				  order may be superseded by a subsequent valid notice of cancellation or
				  nonrenewal, or in the case of a nonrenewal, if any premium required for renewal
				  is not paid when due.
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 031-355-12 - Motions for Rehearing or Reopening

Current through 2024-29, July 17, 2024
Motions for rehearing or reopening to change, modify, rescind
				  or vacate a decision or order of the Superintendent, including a motion or
				  request to set aside a default, must be filed with the Bureau within fourteen
				  (14) days after service of the determination or order to which the request
				  relates. Such motion or request shall comply with Section
				  9 of this Chapter.
A.
Effect of Rehearing or
				Reopening.
Unless otherwise specified, a decision to grant a motion to
				rehear or reopen a case does not act to stay the effect of the Superintendent's
				order to which the rehearing or reopening applies. A timely motion under this
				subsection terminates the running of time for an appeal, which then begins to
				run after the motion is acted on or deemed denied under Paragraph B.
B. Any motion for rehearing or reopening that
				is not granted within fourteen (14) days from the date of filing shall be
				deemed to be denied.
C. The
				Superintendent or anyone designated by the Superintendent may, on his or her
				own motion and after notice to all parties, rehear or reopen any matter at any
				time, to the extent permitted by law.
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 031-355-13 - Effective Date

Current through 2024-29, July 17, 2024
This Rule is effective August 5, 2006 (filing 2006-344).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 360 - REQUIREMENTS APPLICABLE TO PREFERRED PROVIDER ARRANGEMENTS › Section 031-360-1 - AUTHORITY

Current through 2024-29, July 17, 2024
This Rule is promulgated by the Superintendent pursuant to
				   24-A M.R.S.A.
				  §212 and 24-A M.R.S.A. Chapter 32 and
				  24-A M.R.S.A. Chapter 56-A, Subchapter III, § 4343.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 360 - REQUIREMENTS APPLICABLE TO PREFERRED PROVIDER ARRANGEMENTS › Section 031-360-2 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this Rule is to clarify the requirements
				  applicable to preferred provider arrangements and to establish criteria for
				  registration and approval of such arrangements.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 360 - REQUIREMENTS APPLICABLE TO PREFERRED PROVIDER ARRANGEMENTS › Section 031-360-3 - Definitions

Current through 2024-29, July 17, 2024
A. "Administrator" means any person, other
				than a carrier, that administers a preferred provider arrangement.
B. "Copy" of any document to be filed with
				the Superintendent means a draft copy if a final copy is not reasonably
				available at the time of filing.
C.
				"Emergency services" means those health care services that are provided in an
				emergency facility or setting after the onset of an illness or medical
				condition that manifests itself by symptoms of sufficient severity that the
				absence of immediate medical attention could reasonably be expected by the
				prudent lay person, who possesses an average knowledge of health and medicine,
				to result in:
(1) Serious jeopardy to the
				enrollee's physical and/or mental health;
(2) Serious impairment to bodily functions;
				or
(3) Serious dysfunction of any
				bodily organ or part.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 360 - REQUIREMENTS APPLICABLE TO PREFERRED PROVIDER ARRANGEMENTS › Section 031-360-4 - Registration of a preferred provider arrangement

Current through 2024-29, July 17, 2024
A.
				No person, partnership, carrier, or corporation shall commence offering a
				preferred provider arrangement after the effective date of this Rule, until the
				person, partnership, carrier or corporation has registered with the
				Superintendent as required by this Rule.
B. A carrier or administrator registering a
				preferred provider arrangement must complete an initial registration on a form
				prescribed by the Superintendent.
C. Registrants are required to submit
				information in this initial registration in compliance with M.R.S.A. Title 24-A
				Chapter 56-A and Rule 850. Information previously reported to the
				Superintendent pursuant to Chapter 56-A and Rule 850 must be referenced in the
				registration materials and not reported in a duplicate manner.
D. Carriers that offer plans in different
				geographic service areas or having preferred providers in one plan who are
				nonpreferred providers in another plan offered by the same carrier must
				separately file and obtain approval for each arrangement. Plans that offer
				multi-tier preference tiers for preferred providers must also be registered as
				separate provider arrangements.
E.
				Preferred provider administrators who directly or indirectly transfer funds,
				manage funds, adjust claims, or assert control over the transfer of funds for
				the purpose of payment of provider services are required to be licensed as
				insurance administrators pursuant to Chapter 18, in addition to registering as
				a preferred provider arrangement.
F. Each registered carrier and administrator
				must keep current the information required to be disclosed in its registration
				statement by reporting all material changes or additions to the Superintendent
				within 30 days after the end of the month during which the material event
				occurs.