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 144.06 - General Provisions Applicable to the Hearing

Current through Register 1525, July 5, 2024
(1)
Docket
. No later
			 than the date on which the Commissioner issues the notice of hearing, the
			 hearing will be assigned a number on the docket maintained by the Division. The
			 docket file will contain all papers filed in the record of the
			 hearing.
(2)
Consolidation
. The Commissioner or presiding officer
			 may consolidate for hearing any application or request for approval deemed
			 relevant to the plan of reorganization or conversion where consolidation would
			 facilitate consideration of issues concerning the plan or related
			 matters.
(3)
Filings,
			 Generally.
(a)
Filing and Service of Papers
. All papers filed in a
			 hearing must be filed with the Docket Clerk, Hearings and Appeals, at the
			 Division's principal office during business hours. The presiding officer may
			 determine the number of copies of papers that must be filed and served, and may
			 specify format requirements. The presiding officer may order that an additional
			 copy of papers must be submitted on computer disk in an electronic format
			 determined by the presiding officer. Concurrently with filing papers, a copy of
			 the papers must be served on the company, the person(s) designated to receive
			 service for the Division, intervenors, and any other person(s) designated by
			 the presiding officer. All papers filed must be accompanied by a statement
			 signed under the penalty of perjury that copies have been served, specifying
			 the mode of service, date, the person to whom sent, and address of service.
			 Failure to comply with
			 211 CMR 144.00 may be
			 grounds for such action as the presiding officer deems appropriate.
(b)
Timely Filing
.
			 Papers must be filed within the specified time limits. The date of filing will
			 be determined as follows:
1. Papers delivered
			 by hand or by facsimile during regular business hours will be deemed filed on
			 that day.
2. Papers delivered by
			 hand or by facsimile at other times will be deemed filed on the next regular
			 business day.
3. Papers mailed to
			 the Division's principal office will be deemed filed on the day the Division
			 receives them.
(c)
Computation of Time
. Computation of any time period
			 prescribed by or established under the authority of 211 C MR 1 4 4 .00 begins
			 with the first day after the date o f the initiating act. The last day of the
			 period so computed is included unless it is a day when the Division's principal
			 office is closed, in which case the period runs until the end of the next
			 business day. When the period is five days or fewer, Saturdays, Sundays and
			 legal holidays are excluded from the computation.
(d)
Modifications of
			 Time
. The presiding officer has the discretion to modify for good
			 cause a time limit prescribed by or established under the authority of
			 211 CMR 144.00.
(e)
Signatures
. All
			 papers must be signed by the filer or its counsel or authorized representative.
			 This signature constitutes a certification by the signer that he or she has
			 read the document and knows the content thereof, that it has not been
			 interposed for delay and that if the document has been signed by an authorized
			 representative that he or she has full power and authority to do so.