Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.09 - Conduct of the Hearing

Current through Register 1525, July 5, 2024
(1)
Hearing Docket
. The Division shall maintain a hearing
			 docket and assign a number to each hearing. The Division shall enter in such
			 docket all documents relating to each proceeding to which
			 211
			 CMR 91.00 applies.
(2)
Ex
			 Parte
Communications
. From the
			 commencement of a hearing subject to
			 211
			 CMR 91.00 until the rendering of a final decision, no
			 person who is not employed by the Division shall communicate
ex
			 parte
with the Commissioner or Presiding Officer with respect to the
			 merits of that proceeding; provided that a request for a report concerning the
			 status of a proceeding or an inquiry a s to the Division's practice or
			 procedure shall not be prohibited by 211 CMR 91.09(2). If the Presiding Officer
			 determines that a Party or his agent has violated 211 CMR 91.09, he may exclude
			 the Party from the hearing or decide against him with prejudice. If the
			 Presiding Officer determines that a person not a Party has violated 211 CMR
			 91.09, he may exclude that person from the hearing.
(3)
Oral Statements
.
			 The Presiding Officer may specify the amount of time allowed to any speaker for
			 an Oral Statement. Although Oral Statements will generally be heard at the
			 commencement of a hearing, the Presiding Officer may, in his discretion, grant
			 permission to any person to make an Oral Statement at any time during a
			 hearing. If he determines that an Oral Statement is irrelevant, immaterial or
			 unduly repetitious, he may restrict the time allowed to a speaker. Persons
			 making Oral Statements need not be sworn as witnesses.
(4)
Motions
. The
			 Presiding Officer may make rulings regarding the admissibility of evidence or
			 any other matter which may arise during a hearing. Any party making application
			 to the Presiding Officer for a ruling on any issue other than the admissibility
			 of evidence shall do so by motion which shall state the ruling sought and the
			 grounds therefor. The Presiding Officer may require that a motion be presented
			 in writing. The Presiding Officer may, in his discretion, hear oral argument on
			 a motion prior to making a decision therein thereon.
(5)
Objections to
			 Rulings
. At the time that the Presiding Officer makes a ruling,
			 any party shall make known his objection to the ruling and his grounds
			 therefor; provided that if a party has no opportunity to object to a ruling at
			 the time it is made, such party may, within three days of receipt of the
			 ruling, state in writing his objection and his grounds therefor.
(6)
Official Notice
.
			 The Presiding Officer may take official notice of any fact which may be
			 judicially noticed by the courts of this Commonwealth, and in addition, may
			 take official notice of general, technicalor scientific facts within his
			 specialized knowledge or information contained in documents filed with the
			 Division of Insurance; provided that the Presiding O fficer shall notify all
			 parties of the material so noticed, and provided further that any party, upon
			 timely request, shall be afforded an opportunity to contest the facts so
			 noticed.
(7)
Evidence
. The Presiding Officer need not observe the
			 rules of evidence observed by the courts of the United States or of this
			 Commonwealth, but shall observe the rules of privilege recognized by
			 Massachusetts law. Evidence may 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 testimony
			 or evidence which he determines to be unduly repetitious or to have an
			 unreasonably dilatory effect upon the hearing process. All evidence, including
			 any documents in the possession of the Division of which the Presiding Officer
			 desires to avail himself in making a decision, shall be offered and made a part
			 of the record in the hearing.
(8)
Cross-Examination and Rebuttal Evidence
. Every party
			 shall have the right to call and examine witnesses, to cross-examine witnesses,
			 and to submit affirmative and rebuttal evidence.
(9)
Offers of Proof
.
			 Any offer of proof made in conjunction with an objection to a ruling by the
			 Presiding Officer rejecting or excluding evidence shall consist of a statement
			 of the substance of the evidence which the party making such offer contends
			 would be adduced by the testimony, and if the rejected or excluded evidence
			 consists of documents or of references to documents, a copy of such documents
			 shall be marked for identification and shall constitute the offer of
			 proof.
(10)
Stipulations
. At any stage of the hearing the parties
			 may, either orally or in writing, stipulate to any pertinent facts. In making
			 his findings, the Presiding Officer need not be bound by any such
			 stipulation.
(11)
Oral
			 Argument
. The Presiding Officer may, either on his own motion or
			 on the motion of any party, allow and designate time for the presentation of
			 oral argument.
(12)
Conduct of Persons Present
. All Parties, counsel,
			 witnesses and other persons present at a hearing shall conduct themselves in a
			 manner consistent with the standards of decorum commonly observed in the courts
			 of the Commonwealth. Where such standards are not observed, the Presiding
			 Officer may take such action as he deems appropriate to maintain order,
			 including the exclusion of any disorderly person for the hearing. If the person
			 so excluded is a Party or his agent, the Presiding Officer may decide against
			 such Party with prejudice.
(13)
Transcripts
. All proceedings in a hearing shall be
			 officially recorded and transcribed by a reporter approved by the Presiding
			 Officer. Insurers, Insurance Company Groups a nd Rating Organizations which are
			 Parties shall pay the cost of the reporter's fees, together with the cost of
			 providing the Division with a copy of the transcript. Other Parties may obtain
			 copies of the transcript from the reporter at cost.