Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 88.00 - Procedures for the Appeal of Insurer At-fault Accident Determinations and the Conduct of Hearings on Insurer At-fault Accident Determinations › Section 88.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Right of Appeal
. An Involved Operator who disagrees
			 with an Insurer's At-fault Accident Determination may appeal such determination
			 to the Board.
(2)
Insurer's Obligation to Provide Appeal Forms
. An
			 Insurer must enclose an Appeal Form with every Notice of At-fault Accident
			 Determination it sends to an Operator.
(3)
Notice of At-fault Accident
			 Determination
. An Insurer must file the forms for its Notice of
			 At-fault Determination as part of its Merit Rating Plan. An Insurer may not use
			 its Notice of At-fault Accident Determination prior to its approval by the
			 Commissioner.
(4)
Initiation of Appeal
. An Appellant initiates an Appeal
			 by timely filing with the Board an Appeal Form and the requisite filing fee. An
			 Appellant who elects to waive his or her right to an in-person Appeal Hearing
			 and requests the Board to decide the Appeal solely upon a document review shall
			 submit any documents upon which the Appellant relies to support the contention
			 that the Insurer's At-fault Accident Determination is incorrect. The Appellant
			 shall include the Appellant's name, address and operator license number on all
			 documents submitted to the Board.
(5)
Appeal Docket
.
			 The Board shall open and maintain a separate docket for each Appeal. The docket
			 includes the Appeal Record and shall include all other submissions by either
			 Party and all documents relating to the Appeal. No materials filed with the
			 Board will be returned.
(6)
Right to Withdraw Appeal
. An Appellant may withdraw
			 his or her Appeal at any time. The withdrawal must be in writing and signed by
			 the Appellant, or his or her Authorized Representative. Filing fees will not be
			 refunded.
(7)
Right to
			 Withdraw At-fault Accident Determination
. An Insurer may withdraw
			 its At-fault Accident Determination at any time. The Insurer shall notify
			 within ten days the Merit Rating Board of its decision to withdraw its At-fault
			 Accident Determination. The Insurer also shall promptly notify the Appellant,
			 and any other data collection agency to which the Insurer reported the At-fault
			 Accident Determination, that the Insurer has withdrawn its At-fault Accident
			 Determination.
(8)
Burden of Proof
. The Standards of Fault set forth in
			 211
			 CMR 74.04:
Standards of Fault:
			 Circumstances in Which an Operator's Fault Is Presumed to Be More than
			 50%
presumptively shall be determinative on the question of fault
			 unless the Appellant rebuts the Standards of Fault presumption by persuasive
			 evidence.
(9)
Time and
			 Method of Filing
. The Appellant shall file the Appeal Form and
			 filing fee with the Board within 30 days of the date on the Insurer's Notice of
			 At-fault Accident Determination. Filings may be made by first-class United
			 States mail, postage prepaid, addressed to the Board at the address shown on
			 the Appeal Form, or by delivery in hand to the Board at the business location
			 shown on the Appeal Form. The timeliness of a filing shall be determined as
			 follows:
(a) Hand delivery during regular
			 business hours. Hand delivery to the Board during regular business hours, 8:45
			 A.M. to 5:00 P.M., shall be treated as filed on the delivery date.
(b) Hand delivery during non-business hours.
			 Hand delivery to the Board during non-business hours shall be treated as filed
			 on the next regular business day, excluding Saturdays, Sundays and legal
			 holidays.
(c)
Mailing
. An Appeal initiated by United States mail
			 shall be determined to be filed on the date postmarked.