reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.13 - Reports to Policyholders

Current through Register 1525, July 5, 2024
(1) Any insurer
			 delivering or issuing for delivery in this state any variable life insurance
			 policies shall mail to each variable life insurance policyholder at his or her
			 last known address the following reports:
(a)
			 Within 60 days after each anniversary of the policy, a report of the cash
			 surrender value, cash value, death benefit, any partial withdrawal, partial
			 surrender or policy loan, any interest charge, and any optional payments
			 allowed pursuant to
			 211 CMR
			 95.08 under the policy, computed as of the
			 policy anniversary date; provided, however, that such statement may be
			 furnished within 30 days after a specified date in each policy year so long as
			 the information contained therein is computed as of a date of nor more than 60
			 days prior to the mailing of such notice.
1.
			 For all variable life insurance products, the report shall state that in
			 accordance with the investment experience of the separate account, the cash
			 values and the variable death benefit may increase or decrease, and shall
			 prominently identify any value described therein which may be recomputed prior
			 to the next statement required by this subsection. If the policy guarantees
			 that the variable death benefit on the next policy anniversary date will not be
			 less than the variable death benefit specified in such statement the statement
			 shall be modified to so indicate.
2. For flexible premium policies, the report
			 must contain a reconciliation of the change since the previous report in cash
			 value and cash surrender value, if different, because of payments made (less
			 deductions for expense charges), withdrawals, investment experience, insurance
			 charges and any other charges made against the cash value. Reports for flexible
			 premium policies must also show the projected cash value and cash surrender
			 value, if different, as of one year from the end of the period covered by the
			 report assuming that:
a. planned periodic
			 premiums, if any, are paid as scheduled;
b. guaranteed costs of insurance are
			 deducted; and
c. the net return is
			 equal to the guaranteed rate or, in the absence of a guaranteed rate, is not
			 greater than zero. If the projected value is less than zero, a warning message
			 must be included that states that the policy may be in danger of terminating
			 without value in the next 12 months unless additional premium is
			 paid.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.14 - Authorized Foreign and Alien Insurance Companies

Current through Register 1525, July 5, 2024
No foreign or alien insurer shall deliver or issue for delivery
				within the Commonwealth any variable life insurance policy unless the insurer
				shall comply substantially with the provisions of
				211 CMR
				95.00 which in the judgment of the Commissioner are
				reasonably necessary to protect the interests of the people of the
				Commonwealth.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.15 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				211 CMR
				95.00 or the application thereof to any person or
				circumstance is for any reason held to be invalid, the remainder of
				211 CMR
				95.00 and the application of such provision to other
				persons or circumstances shall not be affected thereby.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
								211 CMR
			 96.00 requires producers, as defined in
			 211 CMR
			 96.00, to act in the best interest of the consumer
			 when making a recommendation of an annuity and requires insurers to establish
			 and maintain a system to supervise recommendations so that the insurance needs
			 and financial objectives of consumers at the time of the transaction are
			 effectively addressed.
(2) Nothing
			 herein shall be construed to create or imply a private cause of action for a
			 violation of
			 211 CMR
			 96.00 or to subject a producer to civil liability
			 under the best interest standard of care outlined in
			 211
			 CMR 96.05 or under standards governing the
			 conduct of a fiduciary or a fiduciary relationship.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.02 - Scope

Current through Register 1525, July 5, 2024
211 CMR
				96.00 shall apply to any sale or recommendation of an
				annuity made on or after June 1, 2023.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.03 - Exemptions

Current through Register 1525, July 5, 2024
Unless otherwise specifically included,
				211 CMR
				96.00 shall not apply to recommendations or
				transactions involving:
(1) Direct
			 response solicitations where there is no recommendation based on information
			 collected from the consumer pursuant to
			 211 CMR
			 96.00.
(2)
			 Contracts used to fund:
(a) An employee
			 pension or welfare benefit plan that is covered by the Employee Retirement and
			 Income Security Act (ERISA);
(b) A
			 plan described by the Internal Revenue Code (IRC), as amended, §§
			 401(a), 401(k), 403(b), 408(k) or 408(p), if established or maintained by an
			 employer;
(c) A government or
			 church plan defined in IRC § 414, a government or church welfare benefit
			 plan, or a deferred compensation plan of a state or local government or tax
			 exempt organization under IRC § 457;
(d) A nonqualified deferred compensation
			 arrangement established or maintained by an employer or plan sponsor;
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.05 - Duties of Producers and Insurers

Current through Register 1525, July 5, 2024
(1)
Best Interest Obligation
. A producer, when making a
			 recommendation of an annuity, shall act in the best interest of the consumer
			 under the circumstances known at the time the recommendation is made, without
			 placing the producer's or the insurer's financial interest ahead of the
			 consumer's interest. A producer has acted in the best interest of the consumer
			 if they have satisfied the following obligations regarding care, disclosure,
			 conflict of interest and documentation:
(a)
Care Obligation
.
1.
			 The producer, in making a recommendation shall exercise reasonable diligence,
			 care and skill to:
a. Know the consumer's
			 financial situation, insurance needs and financial objectives;
b. Understand the available recommendation
			 options after making a reasonable inquiry into options available to the
			 producer;
c. Have a reasonable
			 basis to believe the recommended option effectively addresses the consumer's
			 financial situation, insurance needs and financial objectives over the life of
			 the product, as evaluated in light of the consumer profile information;
			 and
d. Communicate the basis or
			 bases of the recommendation.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.06 - Producer Training

Current through Register 1525, July 5, 2024
(1) A producer shall
			 not solicit the sale of an annuity product unless the producer has adequate
			 knowledge of the product to recommend the annuity and the producer is in
			 compliance with the insurer's standards for product training. A producer may
			 rely on insurer-provided product-specific training standards and materials to
			 comply with
			 211
			 CMR 96.06.
(2)
(a) A
			 producer who engages in the sale of annuity products shall complete a one-time
			 training course for four CE credits, approved by the Commissioner and provided
			 by a continuing education provider.
(b) Producers who obtain a new life insurance
			 line of authority may not engage in the sale of annuities until the annuity
			 training course required under
			 211
			 CMR 96.06 has been completed.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.07 - Compliance Mitigation; Penalties

Current through Register 1525, July 5, 2024
(1) In
			 addition to any other penalties provided by the laws of Massachusetts, a
			 producer or insurer that violates a requirement of
			 211 CMR
			 96.00 shall be deemed to be in violation of the
			 provisions of M.G.L. c. 176D.
(2)
			 If a violation occurs, the Commissioner may order:
(a) An insurer to take appropriate corrective
			 action for any consumer harmed by a failure to comply with
			 211 CMR
			 96.00 by the insurer, an entity contracted to perform
			 the insurer's supervisory duties or by the producer;
(b) A general agency, independent agency or
			 the producer to take appropriate corrective action for any consumer harmed by
			 the producer's violation of
			 211 CMR
			 96.00; and
(c) Any person that employs or contracts with
			 a producer to sell, or solicit the sale, of annuities to consumers, to take
			 appropriate corrective action for any consumer harmed by the producer's
			 violation of
			 211 CMR
			 96.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.08 - Recordkeeping

Current through Register 1525, July 5, 2024
(1) Producers and insurers shall maintain or
			 be able to make available to the Commissioner records of the information
			 collected from the consumer, disclosures made to the consumer, including
			 summaries of oral disclosures, and other information used in making the
			 recommendations that were the basis for insurance transactions for five years
			 after the insurance transaction is completed by the insurer. An insurer is
			 permitted, but shall not be required, to maintain documentation on behalf of a
			 producer.
(2) Records required to
			 be maintained by
			 211 CMR
			 96.00 may be maintained in paper, photographic,
			 microprocess, magnetic, mechanical or electronic media or by any process that
			 accurately reproduces the actual document.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 96.00 - Consumer Protection And Suitability In Annuity Transactions › Section 96.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				211 CMR
				96.00 is held to be invalid, in any way, by any court
				of law, the remainder of
				211 CMR
				96.00 shall not be affected.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.01 - Purpose, Scope and Authority

Current through Register 1525, July 5, 2024
211 CMR 97.00, promulgated
				pursuant to M.G.L. c. 174A, M.G.L. c. 175, § 193R and M.G.L. c. 175A
				governs the procedures for the cancellation and non-renewal of Motor Vehicle
				Insurance Policies.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				211 CMR 97.00, the following
				words mean:
Board of Appeal
. The Board of Appeal
				on Motor Vehicle Liability Policies and Bonds established pursuant to M.G.L. c.
				26, § 8A.
Cancellation
. Termination of an
				existing Motor Vehicle Insurance Policy, at the request of either the Insurer
				or the Policyholder, as of an effective date prior to the policy's expiration
				date.
Commissioner
. The Commissioner of
				Insurance appointed pursuant to M.G.L. c. 26, § 6, or his or her
				designee.
Division
. The Division of Insurance,
				established pursuant to M.G.L. c. 26, § 1.
Insurer
. Any corporation, association,
				partnership, group or individual engaged as a principal authorized to issue a
				Motor Vehicle Insurance Policy to an applicant for motor vehicle insurance in
				the Commonwealth of Massachusetts.
Motor Vehicle Insurance Policy
. A
				certificate, as defined in M.G.L. c. 90, §§ 34A and 34O, evidencing
				insurance coverage on a motor vehicle.
Non-renewal
. A declination to renew an
				existing Motor Vehicle Insurance Policy at the request of either the Insurer or
				the Policyholder, upon the expiration date of that policy.
Notice
. The written communication
				delivered by an Insurer or a Policyholder indicating the intent of the Insurer
				or the Policyholder to cancel or non-renew an existing Motor Vehicle Insurance
				Policy.
Person
. An Insurer or a Policyholder
				who initiates the Cancellation or Non-renewal of an existing Motor Vehicle
				Insurance Policy.
Policyholder
. The named insured on the
				Motor Vehicle Insurance Policy, or any person the named insured identifies as
				his or her representative for purposes of giving or receiving notices relating
				to the Motor Vehicle Insurance Policy.
Registrar of Motor Vehicles
. The
				Registrar of Motor Vehicles appointed pursuant to M.G.L. c. 16, § 9, or
				his or her designee.
Short Rate
. A fixed dollar value or
				percentage of premium, representing an Insurer's fixed policy acquisition
				expenses incurred prior to the date a Motor Vehicle Insurance Policy becomes
				effective, that an Insurer includes in its motor vehicle insurance rate manual
				filed with the Commissioner and uses to adjust return premium when a
				policyholder cancels a policy.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.03 - Policy Cancellation

Current through Register 1525, July 5, 2024
(1)
Cancellation Initiated by the Insurer
. An Insurer may
			 cancel a Motor Vehicle Insurance Policy, other than a Motor Vehicle Insurance
			 Policy issued to a Policyholder who is an individual member of a group insured
			 pursuant to a group marketing plan under M.G.L. c. 175, § 193R, at any
			 time during the policy effective period only for the following reasons:
1. Non-payment of premium;
2. Fraud or material misrepresentation in the
			 application for or renewal of the policy;
3. Suspension or revocation during the policy
			 period of the operator's license or motor vehicle registration of the named
			 insured or any other person residing in the same household as the named insured
			 and who usually operates a motor vehicle insured under the policy;
4. Removal of certain coverage(s) of the
			 Motor Vehicle Insurance Policy pursuant to the provisions of M.G.L. c. 175,
			 § 113H(A)(7); or
5. Failure by
			 the Policyholder to comply with the Insurer's request for a vehicle inspection
			 under M.G.L. c. 90, § 34O.
(b) An Insurer may cancel a Motor Vehicle
			 Insurance Policy up to 90 days after the policy's renewal effective date for
			 either of the following reasons:
1. The
			 Insurer is making a general reduction in the volume of motor vehicle insurance
			 it writes in the Commonwealth in accordance with M.G.L. c. 175, § 22E;
			 or
2. The applicant for insurance
			 has failed to complete a renewal application and return it to the Insurer at
			 least 30 days before the expiration date of the previous Motor Vehicle
			 Insurance Policy.
(c) An
			 Insurer may cancel a Motor Vehicle Insurance Policy issued to an individual
			 member of a group insured pursuant to a group marketing plan under M.G.L. c.
			 175, § 193R only for the following reasons:
1. Non-payment of premium;
2. Fraud;
3. The individual member of the group insured
			 pursuant to the group marketing plan has lost his or her motor vehicle
			 registration or operator's license for a period of one year or more;
			 or
4. Motor vehicle insurance
			 coverage for the entire group insured pursuant to the group marketing plan has
			 been cancelled.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.04 - Content of Notices of Cancellation

Current through Register 1525, July 5, 2024
(1)
Required Content of Notices of Cancellation
. Notices
			 of Cancellation must be in writing and must include the following information:
(a) A title which indicates the nature of the
			 Notice;
(b) The complete name and
			 address of the Person requesting Cancellation;
(c) The complete name and address of the
			 Person to whom the Notice of Cancellation is sent;
(d) The policy number or other identifier
			 specifying the Motor Vehicle Insurance Policy being cancelled;
(e) The date on which the Person intends the
			 Cancellation of the Motor Vehicle Insurance Policy to take effect;
			 and
(f) The Person's specific
			 reason for the Cancellation. An Insurer may not use phrases such as
			 "underwriting reasons" as the reason for Cancellation. An Insurer must inform
			 the Policyholder of the specific facts on which the Insurer based its decision
			 to cancel the Motor Vehicle Insurance Policy.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.06 - Policy Non-renewal

Current through Register 1525, July 5, 2024
(1)
Required Content of Notices of Non-renewal
. Notices of
			 Non-renewal must be in writing and must includet he following information:
(a) A title which indicates the nature of the
			 Notice;
(b) The complete name and
			 address of the Person requesting Non-renewal;
(c) The complete name and address of the
			 Person to whom the Notice of Non-renewal is sent;
(d) The policy number or other identifier
			 specifying the Motor Vehicle Insurance Policy being non-renewed;
(e) The date on which the non-renewing Motor
			 Vehicle Insurance Policy will expire; and
(f) An Insurer must comply with all
			 Massachusetts laws and regulations relating to non-renewal of a Motor Vehicle
			 Insurance Policy. An Insurer that issues a Notice of Non-renewal must state the
			 reason for the Non-renewal. An Insurer may not use phrases such as
			 "underwriting reasons" as the reason for Non-renewal. An Insurer must inform
			 the Policyholder of the specific facts on which the Insurer based its decision
			 not to renew the Motor Vehicle Insurance Policy.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies › Section 97.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				211 CMR 97.00 are severable.
				If any section, subsection, division, subdivision, paragraph, sentence or
				clause of
				211 CMR 97.00 is held invalid
				or unconstitutional, such decision shall not affect the remaining portions of
				211 CMR
				97.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.01 - Purpose, Scope and Authority

Current through Register 1525, July 5, 2024
211 CMR 101.00, promulgated
				pursuant to M.G.L. c. 175C, § 5 and M.G.L. c. 175, c. 174A and c. 175A
				governs the form and content of Rate Filings made pursuant to M.G.L. c. 175C,
				and the conduct of all Proceedings, including hearings, relating to the review
				of such Rate Filings.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Filings
. A Rate Filing and all papers relating to it
			 shall be filed at the Division's principal office during regular business
			 hours, addressed to the Docket Clerk, Hearings and Appeals. A Filing Party
			 shall submit ten copies of its Rate Filing to the Division. At least one of the
			 ten copies must be submitted in an unbound format. The Filing Party shall
			 contemporaneously serve one copy of the Rate Filing on the State Rating Bureau,
			 each Statutory Intervenor and each Interested Party that participated in the
			 Filing Party's last rate Proceeding. The Filing Party shall also serve a copy
			 of the Rate Filing on any other Interested Party which is granted permission to
			 participate in the Proceeding. The Presiding Officer may order a party to file,
			 in addition to the paper copies, an electronic copy of a document in a
			 prescribed format. The Presiding Officer shall determine how many copies of
			 other Papers shall be filed.
(2)
Service of Papers
. Any Party or participant filing
			 Papers in a Proceeding shall serve a copy thereof on other Parties or
			 participants by hand delivery or by United States mail, postage prepaid, sent
			 to the address of record in the Proceeding. Failure to comply with 211 CMR
			 101.03 shall be grounds for refusal by the Division to accept Papers for
			 filing. All Papers filed in a Proceeding shall include a certificate of
			 service.
(3)
Timely
			 Filing
. Papers filed in a Proceeding must be filed at the
			 Division's principal office within the specified time limits. The date of
			 filing shall be determined as follows:
(a)
			 Papers hand-delivered during regular business hours shall be deemed filed on
			 that day.
(b) Papers hand-delivered
			 at other times shall be deemed filed on the next regular business day, unless
			 otherwise ordered by the Presiding Officer.
(c) Papers mailed to the Division's principal
			 office shall be deemed filed on the day the Division receives them.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.04 - Rate Filings

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of the Rate Filing is to furnish
			 sufficient evidence to enable the Commissioner to establish that the rates
			 requested comply with the statutory requirements and fall within a range of
			 reasonableness. The Rate Filing shall constitute the direct case of the Filing
			 Party in support of its requested rates.
(2)
Filing
			 Requirements.
(a)
Format
. The Commissioner may prescribe the form of the
			 Rate Filing as he or she shall consider proper, expedient or necessary. The
			 Filing Party shall use any forms that the Commissioner prescribes.
All Rate Filings must be numbered sequentially from the first
				through the last page, using Arabic numerals at the bottom right of each page.
				Any internal numbers applied to separate parts or sections of Rate Filings must
				be located elsewhere on the page. The Presiding Officer may reject any Rate
				Filing that does not comply with the mandatory numbering requirement.
(b)
Content
. Every Rate Filing shall contain the following
			 information:
1. a title which indicates the
			 nature of the Proceeding.
2. the
			 complete name and address of the Filing Party and the name, address, electronic
			 mail address, and telephone numbers, including FAX numbers, of every authorized
			 representative or counsel, if any, representing the Filing Party.
3. an executive summary describing, in
			 narrative form, each element of the Rate Filing and the reasons for the rate
			 request.
4. all material, including
			 all data, statistics, schedules and exhibits, which the Filing Party wishes to
			 be considered in the Proceeding and all information upon which it bases its
			 recommendations. A Rate Filing that seeks approval of rates for multiple policy
			 forms but supports its requests with materials that it relies on, in common,
			 for each such form may structure its Rate Filing so as to minimize the amount
			 of duplication in the filing. However, the Rate Filing must clearly identify
			 and separate material that relates to all proposed rates from material that
			 applies to only one or some of the proposed rates.
5. narrative statements including all
			 information and commentary necessary to substantiate and explain the Filing
			 Party's recommendations.
6. the
			 direct sworn written testimony of all witnesses for the Filing Party. The
			 direct sworn written testimony shall support every element of the Rate Filing
			 and may be presented in a question and answer format.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.05 - Responsive Filings

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of a Responsive Filing is to
			 identify the grounds upon which the Party submitting it supports or contests
			 the Rate Filing. To the extent that the Responsive Filing contains direct
			 testimony and evidence, it constitutes the direct case of the Party submitting
			 the Responsive Filing.
(2)
Times for Submitting Responsive Filings
. The State
			 Rating Bureau's Responsive Filing, if any, shall be submitted no later than 14
			 days after the conclusion of the cross-examination of witnesses whose direct
			 testimony is included in a Rate Filing. Responsive Filings, if any, from
			 Statutory Intervenors shall be submitted no later than 12 days after the
			 conclusion of the cross-examination of witnesses whose direct testimony is
			 included in a Rate Filing. A petitioner which has been allowed to intervene
			 shall submit its Responsive Filing, if any, ten days after the conclusion of
			 the cross-examination of witnesses whose direct testimony is included in a Rate
			 Filing.
(3)
Filing
			 Requirements.
(a)
Format
.
1. Any Party
			 making a Responsive Filing shall submit five copies to the Division, unless the
			 Presiding Officer directs otherwise, and shall serve copies on the Filing
			 Party, the State Rating Bureau, Statutory Intervenors and Interested Parties.
			 At least one copy of a Responsive Filing must be submitted to the Division in
			 an unbound format.
2. The
			 Commissioner may prescribe the form of the Responsive Filing and may make
			 changes to the form from time to time as he or she shall consider proper,
			 expedient or necessary. A Party making a Responsive Filing shall use any form
			 that the Commissioner prescribes.
3. All Responsive Filings must be numbered
			 sequentially from the first through the last page, using Arabic numerals at the
			 bottom center of each page. Any internal numbers applied to separate parts or
			 sections of Responsive Filings must be located elsewhere on the page. The
			 Presiding Officer may reject any Responsive Filing that does not comply with
			 the mandatory numbering requirement.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.06 - Hearing Notice

Current through Register 1525, July 5, 2024
The Commissioner shall prepare a hearing notice. The Filing
				Party shall arrange and pay for publication of the hearing notice at least 21
				days before the date scheduled for an initial hearing in a Proceeding in at
				least one newspaper of general circulation in the Commonwealth. The Filing
				Party shall file with the Division proof of publication within 21 days of
				publication. The Presiding Officer may require additional evidence of
				compliance with 211 CMR 101.06. The Commissioner shall concurrently give notice
				of the Proceeding to the State Rating Bureau, the Attorney General and to any
				person who has filed a written request with the Division to receive notice of
				such Proceedings. The hearing notice shall contain:
(a) a reference to the statutory authority
			 under which the Proceeding is held;
(b) the date, time and location of the
			 initial hearing;
(c) a brief
			 statement of the subjects and issues involved in the Proceeding;
(d) a brief statement of dates and procedures
			 for submitting notices of appearance by Statutory Intervenors, petitions to
			 appear as intervenors or participants, and notices of appearances of
			 counsel;
(e) a brief statement of
			 the dates and procedures for making oral statements at the initial hearing in
			 the Proceeding.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.07 - Intervention and Participation

Current through Register 1525, July 5, 2024
(1) No more
			 than four days after publication of a hearing notice pursuant to
			 211 CMR 101.06,
			 any person, agency or organization, other than the State Rating Bureau,
			 Statutory Intervenors, or the Filing Party, that wishes to appear and present
			 testimony at the hearing, may file a petition for leave to intervene or to
			 participate. The petition shall include the full name and address of the
			 petitioner and its telephone and FAX numbers, and shall set forth with
			 particularity any statutory or other authority for the petition, the manner in
			 which the petitioner is substantially and specifically affected by the
			 Proceeding, the grounds for seeking such leave, and the relief sought by the
			 petitioner. The petition shall be filed in accordance with
			 211 CMR 101.03
			 and served on the Filing Party, the State Rating Bureau, and any Statutory
			 Intervenor which has appeared in the most recent hearing on MPIUA
			 rates.
(2) The Filing Party,
			 Statutory Intervenors and the State Rating Bureau may file responses to a
			 petition within five days after the petition is filed, or within such other
			 time as the Presiding Officer may designate.
(3) The Presiding Officer may hold a hearing
			 on the petition and shall issue a decision on the petition within ten days of
			 concluding such hearing.
(a)
Intervenors.
The Presiding Officer may permit a person
			 who is likely to be substantially and specifically affected by the Proceeding
			 to intervene. Such person shall have all the rights of a Party, subject to any
			 limitations placed, at the discretion of the Presiding Officer, to avoid undue
			 delay or unnecessary duplication of evidence. An intervenor shall be subject to
			 any limitations placed on all other Parties.
(b)
Participants
.
			 The Presiding Officer may permit a person who may be affected by a Proceeding
			 to participate. Such permission shall be limited to the right to present oral
			 argument at the close of a hearing and to file a memorandum of law as an
			 amicus. A petitioner which has been allowed to participate need not be a person
			 who may be aggrieved by any result of the Proceeding. A person who petitioned
			 to intervene and was allowed only to participate may participate without
			 waiving any right to administrative or judicial review of the denial of that
			 person's petition to intervene in a Proceeding.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.08 - Pre-hearing Procedures

Current through Register 1525, July 5, 2024
(1)
Pre-hearing Conferences
. The Presiding Officer may
			 hold one or more pre-hearing conferences before or after the initial hearing,
			 but before the date set for the start of cross-examination. No more than ten
			 days before the date of the initial hearing, the Presiding Officer may hold a
			 pre-hearing conference to develop a schedule for the conduct of the Proceeding.
			 The Presiding Officer may also direct the Parties to confer with him or her, or
			 with each other to consider:
(a)
			 simplification of issues;
(b) the
			 possibility of obtaining stipulations or admissions of fact and agreements
			 about documents to avoid unnecessary proof;
(c) limits on the number of expert
			 witnesses;
(d) stipulations as to
			 the qualifications of experts;
(e)
			 limits on the time to be allowed for cross-redirect, and
			 recross-examination;
(f) rulings as
			 to evidentiary disputes; and
(g)
			 other matters as may aid in the prompt disposition of the Proceeding.
After a pre-hearing conference, the Presiding Officer may issue
				an order regarding the scheduling of the Proceeding, which shall remain in
				place unless modified by the Presiding Officer.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.10 - Briefs

Current through Register 1525, July 5, 2024
The Presiding Officer shall set a briefing schedule and may
				designate the order of filing briefs including, if permitted by the Presiding
				Officer, reply briefs. A Party may request an extension of time to file a brief
				by motion made before expiration of the scheduled time for filing. Each Party
				shall file six copies of its brief with the Division, unless the Presiding
				Officer orders otherwise, and shall serve a copy on all other Parties,
				including each Interested Party. At least one printed copy of a brief must be
				submitted to the Division in an unbound format. In addition to printed copies,
				the Presiding Officer may require Parties to file a copy of a brief on computer
				disk in a format determined by the Presiding Officer.
Each brief shall contain:
(a) a concise statement of the
			 case;
(b) a summary of arguments
			 with supporting evidence;
(c) a
			 discussion of any other matters that the Presiding Officer has asked the
			 Parties to address in their briefs; and
(d) a conclusion specifying the relief
			 requested.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.11 - Decisions and Orders

Current through Register 1525, July 5, 2024
The Presiding Officer's Decisions and Orders shall be in
				writing or stated on the record and shall be accompanied by a statement of
				reasons therefor, including a determination of each material issue of fact or
				law necessary to the decision.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.12 - Revised Rate Filings

Current through Register 1525, July 5, 2024
If a Rate Filing, or any component thereof, is disapproved, the
				Presiding Officer may indicate an alternative rate or rate components, if any,
				that he or she, based on the evidence in the record, would find to be
				reasonable. If a filed rate is disapproved, the Filing Party may, within a time
				period specified in the Decision and Order disapproving the Rate Filing, file a
				Revised Rate Filing in the same Proceeding. The Revised Rate Filing must
				contain all information on rate components, satisfy all requirements set out in
				the Decision and Order, and comply with the format, filing and service
				requirements in
				211 CMR 101.03
				and
				211 CMR 101.04, but
				need not otherwise comply with
				211 CMR 101.04. No
				later than ten days after a Revised Rate Filing is submitted, the Presiding
				Officer may hold a hearing at which the Presiding Officer may hear argument and
				receive evidence regarding compliance of the Revised Rate Filing with the
				Decision and Order. The Presiding Officer may permit the Filing Party to revise
				the Revised Rate Filing further to meet the requirements of the Decision and
				Order. If the Presiding Officer determines that the Revised Rate Filing
				complies with the Decision and Order, he or she shall approve
				it.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings › Section 101.13 - Appeals

Current through Register 1525, July 5, 2024
(1) The Presiding Officer shall notify all
			 parties of their right to appeal the Decision and Order.
(2)
Appeal of Decisions to the
			 Commissioner
. Any person aggrieved by a Decision and Order
			 approving or disapproving a Rate Filing or a Revised Rate Filing issued in a
			 Proceeding conducted by a Presiding Officer designated by the Commissioner,
			 which the Commissioner has not affirmed, may appeal the decision to the
			 Commissioner pursuant to M.G.L. c. 26, § 7. Upon the docketing of an
			 appeal under M.G.L. c. 26, § 7, the Commissioner shall set a date by which
			 the aggrieved person must file a brief which states the grounds for the appeal
			 and the relief requested. A person who fails to timely file a brief thereby
			 waives its right to appeal. The Commissioner shall notify all parties of the
			 appeal, and of the filing date for the appeal brief. If the Commissioner
			 determines, upon review of the brief and the record, that the appeal is without
			 substantial merit, he or she may issue a decision denying the appeal.
			 Otherwise, the Commissioner shall set a filing date for briefs by parties to
			 the Proceeding and shall issue a decision after that date. The Commissioner may
			 modify, affirm or reverse the Presiding Officer's decision, in whole or in
			 part.
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 110.01 - Purpose, Scope and Authority

Current through Register 1525, July 5, 2024
211 CMR 110.00,promulgated
				pursuant to M.G.L. c. 152, § 53A, governs the form and content of Rate
				Filings and Advisory Filings, and the conduct of proceedings, including
				hearings, on those Filings.
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 110.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				211 CMR 110.00, the
				following words mean:
Advisory Filing
: Any recommendations,
				including supporting information or commentary, concerning a Rate Filing, or
				any portion thereof, filed in accordance with
				211 CMR
				110.05.
Commissioner
: The Commissioner of
				Insurance, appointed pursuant to M.G.L. c. 26, § 6.
Division
: The Division of Insurance,
				established pursuant to M.G.L. c. 26, § 1.
Filing Party
: An insurer or rating
				organization which makes a Rate Filing.
Insurer:
Any corporation, association,
				partnership, group or other person authorized to write workers' compensation
				insurance in Massachusetts.
Interested Party
: Any person, agency
				or organization which has been granted permission to appear and present
				testimony at a hearing.
Oral Statement
: A statement of
				position made during a hearing, with the permission of the Presiding Officer,
				by any person who is not an Interested Party.
Papers
: All written documents filed in
				a proceeding, including Rate Filings, Advisory Filings, motions, pleadings,
				briefs, memoranda and other communications.
Presiding Officer:
The Commissioner,
				or any person or persons designated by the Commissioner, who conducts hearings
				and related proceedings on workers' compensation Rate Filings.
Proceeding
: A hearing and related
				procedural matters, conducted under
				211 CMR 110.00, to consider
				the Commissioner's approval of classifications of risks, premiums, and manual
				rules for workers' compensation insurance.
Rate Filing
: Documents filed with the
				Commissioner by a Filing Party, pursuant to MGL. c. 152, § 53A, requesting
				modification of its manuals of classifications, rates, or rules. A rate filing
				will initiate a Proceeding under
				211 CMR 110.00 unless the
				Commissioner, in his or her discretion, determines that the request seeks a
				minor modification to such manuals and requires no Proceeding under 211
CMR 110.00.
Rating Organization
: An organization
				licensed by the Commissioner pursuant to M.G.L. c. 152, § 52C.
Statutory Intervenor
: Any person,
				agency or organization including, but not limited to, the Attorney General,
				which has a statutory right to appear as an Interested Party in any hearing
				conducted pursuant to
				211 CMR 110.00.
Workers' Compensation Advisory
				Council
: The council established pursuant to M.G.L. c. 23E, §
				15 which participates in a Proceeding as authorized by M.G.L. c. 152, §
				53A, 6(a) and (b).
Workers' Compensation Insurance
:
				Insurance as provided for in M.G.L. c. 152.
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 110.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Filings
. All papers relating to a Rate Filing shall be
			 filed at the Division's principal office during regular business hours,
			 addressed to the Docket Clerk, Hearings and Appeals. Unless otherwise specified
			 in
			 211 CMR 110.00, the
			 Presiding Officer shall determine how many copies of papers shall be filed. A
			 party filing papers in a Proceeding shall serve a copy thereof on other parties
			 to the Proceeding, by hand delivery or by United States mail, postage prepaid,
			 sent to the address of record in the Proceeding. Failure to comply with 211 CMR
			 110.03(1) shall be grounds for refusal by the Division to accept papers for
			 filing.
(2)
Timely
			 Filing
. Papers filed in a Proceeding must be filed at the
			 Division's principal office within the specified time limits. The date of
			 filing shall be determined as follows:
(a)
			 Papers hand-delivered during regular business hours shall be deemed filed on
			 that day.
(b) Papers hand-delivered
			 at other times shall be deemed filed on the next regular business
			 day.
(c) Papers mailed to the
			 Division's principal office shall be deemed filed on the day the Division
			 receives them.
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 110.04 - Rate Filings

Current through Register 1525, July 5, 2024
(1)
Prefiling Requirements.
(a) A Rating Organization, 60 days before it
			 submits a Rate Filing, shall submit to the Division all loss, premium, exposure
			 and expense data relating to workers' compensation insurance experience in
			 Massachusetts including, without limit, all data on which the Rate Filing will
			 be based, other than data previously supplied to the Division.
(b) An Insurer, 60 days before it submits a
			 Rate Filing, shall submit to the Division all loss, premium, exposure and
			 expense data relating to that insurer's workers' compensation insurance
			 experience in Massachusetts including, without limit, all data on which the
			 Rate Filing will be based, other than data previously supplied to the
			 Division.
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 110.06 - Hearing Notice

Current through Register 1525, July 5, 2024
At least 21 days before the scheduled date of an initial
				hearing in a Proceeding, the Commissioner shall give notice of the hearing by
				publication of a hearing notice in at least one newspaper of general
				circulation in the Commonwealth. The Filing Party shall pay the cost of
				publishing the notice of hearing. The Commissioner shall concurrently give
				notice of the hearing to the State Rating Bureau, the Attorney General, the
				Massachusetts Workers' Compensation Advisory Council, and to any person who has
				filed a written request with the Division to receive notice of such
				Proceedings. The hearing notice shall contain:
(a) the date, time and location of the
			 initial hearing;
(b) a statement of
			 the subjects and issues involved in the Proceeding; and
(c) a statement of procedures for making oral
			 statements at the hearing or for participating in the Proceeding.
The initial hearing on a Rate Filing shall commence no more
				than 60 days after it is filed with the Division.
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 110.07 - Pre-Hearing Procedures

Current through Register 1525, July 5, 2024
(1)
Pre-Hearing Conference
. The Presiding Officer may hold
			 one or more pre-hearing conferences before or after the initial hearing. No
			 more than seven days before the date of the initial hearing, the Presiding
			 Officer may hold a pre-hearing conference to develop a schedule for subsequent
			 hearings, taking into account the statutory period in which a decision must be
			 rendered.
The Presiding Officer may direct the parties to confer with him
				or her, or with each other to consider:
(a) simplification of issues;
(b) the possibility of obtaining stipulations
			 or admissions of fact and agreements as to documents to avoid unnecessary
			 proof;
(c) limits on the number of
			 expert witnesses;
(d) stipulations
			 as to the qualifications of experts;
(e) limits on the time to be allowed for
			 cross-, redirect, and recross-examination;
(f) rulings as to evidentiary disputes;
			 and
(g) such other matters as may
			 aid in the prompt disposition of the Proceeding.
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 110.09 - Briefs

Current through Register 1525, July 5, 2024
The Presiding Officer shall set a briefing schedule. A party
				may request an extension of time to file a brief by motion made before
				expiration of the scheduled time. Each party shall file five copies of its
				brief, unless the Presiding Officer orders otherwise, and shall serve a copy on
				each interested party. Each brief shall contain:
(a) a concise statement of the
			 case;
(b) a summary of arguments
			 with supporting evidence; and
(c) a
			 conclusion specifying the relief requested.
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 110.10 - Decisions

Current through Register 1525, July 5, 2024
The Presiding Officer's decision shall be in writing or stated
				on the record. It shall be accompanied by a statement of reasons therefor,
				including determination of each issue of fact or law necessary to the decision.
				The Presiding Officer shall notify all parties of their right to appeal the
				decision, and the time within which to appeal.