Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 144.00 - Procedures For The Regulatory Review Of And Public Hearings On Plans Of Reorganization Or Conversion Pursuant To M.g.l. C.175 Secs. 19f-19w › Section 144.09 - Conduct of Hearing

Current through Register 1525, July 5, 2024
(1)
Presiding Officer
. The presiding officer will conduct
			 the hearing, may administer oaths and affirmations, and shall make all
			 decisions on the admission or exclusion of evidence, scheduling, and other
			 procedural matters that arise during the hearing. The presiding officer may
			 impose sanctions for noncompliance with an order issued in connection with the
			 hearing. Such sanctions may include entering orders for decision on one or more
			 issues, limiting the introduction of evidence or participation in the hearing,
			 and addressing other matters he or she deems appropriate.
(2)
Evidence
. The
			 presiding officer need not observe the rules of evidence observed by the
			 courts, but will observe the rules of privilege recognized by applicable law.
			 Evidence can 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 evidence which he or she
			 determines to be unduly repetitious or likely to delay the hearing
			 unnecessarily, or which he or she determines should have been submitted earlier
			 in the hearing.
(3)
Control of Testimony
. The presiding officer may
			 question witnesses during the course of their testimony. If the presiding
			 officer determines that the testimony of a witness is irrelevant, immaterial,
			 or repetitious, or beyond the scope of any prefiled direct testimony, he or she
			 may order the witness to limit or omit further testimony on a certain subject
			 or to cease testimony altogether.
(4)
Witness
			 Examination
. A party may cross-examine witnesses. The presiding
			 officer may impose reasonable time limits on witness examination. If a witness
			 fails to be present for his or her cross-examination or unreasonably obstructs
			 cross-examination, the presiding officer may find the witness to be
			 unavailable, and may order all previous testimony or evidence for which the
			 witness is responsible stricken from the record.
(5)
Additional
			 Evidence
. At any stage of the hearing, the presiding officer may
			 call for further evidence on an issue, and require that the additional evidence
			 be presented. The presiding officer may limit, strike or terminate irrelevant,
			 immaterial or repetitious evidence.
(6)
Official Notice
.
			 The presiding officer may take official notice of a fact that can be judicially
			 noticed by the courts and may take official notice of general, technical or
			 scientific facts within his or her specialized knowledge. The presiding officer
			 will notify the parties of the material so noticed and will permit a party,
			 upon timely request, to contest the facts noticed. The presiding officer may
			 use his or her experience, technical competence and specialized knowledge in
			 the evaluation of evidence presented.
(7)
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
			 courts. If these standards are not observed, the presiding officer may issue
			 orders appropriate to maintain order, including the exclusion of a disorderly
			 person from the hearing.
(8)
Transcripts
. The company shall engage a qualified
			 stenographer, subject to the approval of the presiding officer, to record and
			 transcribe the public hearing and any prehearing conferences and hearings. The
			 company shall pay the cost of the stenographer's fees, and the cost of
			 providing the Division with five copies of the transcript in the quantity and
			 format determined by the presiding officer, which can include computer disk.
			 Any person may obtain copies of the transcript from the stenographer at his or
			 her own expense.
(9)
Evidence After Completion
. No evidence will be
			 admitted after the close of the record, unless otherwise ordered by the
			 presiding officer.
(10)
Communications
. No person shall communicate
ex
			 parte
with the Commissioner or presiding officer with respect to the
			 merits of a plan. A communication concerning the status of a regulatory review
			 or hearing, or agency practice, procedure or schedule applicable thereto, is
			 not prohibited by
			 211 CMR 144.00. If any
ex parte
communication is directed to a person in violation of
			 211 CMR 144.00, the person
			 shall immediately inform the presiding officer of the substance of the
			 communication and the circumstances of its receipt. Without limiting the
			 remedies otherwise available to the presiding officer, if a person or
			 organization or agent there of has violated this rule, the presiding officer,
			 in his or her discretion, may decide against such person or organization with
			 prejudice or may exclude such person or organization from any further
			 participation in the hearing.