Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 56.00 - REDUCTIONS IN PREMIUM CHARGES FOR PRIVATE PASSENGER MOTOR VEHICLE INSURANCE FOR INSURED ELECTING OPTIONAL PARTICIPATING REPAIR SHOP › Section 56.04 - Procedure for Approval of Endorsement and Plans

Current through Register 1525, July 5, 2024
(1)
Method of Filing Notice of
			 Intent
. An insurer or rating organization seeking approval of a
			 participating repair shop endorsement plan shall file the proposed plan with
			 the Commissioner through the Division's electronic filing system. Any form
			 intended to be used in connection with a proposed plan and which is to be
			 delivered to consumers shall be included in the filing. A hard copy shall be
			 made available upon request.
(2)
Approval or Disapproval of Plan
. The Commissioner
			 shall approve or disapprove the plan in writing and if the plan is disapproved
			 or modified, shall state the reasons for the decision. Approval of a plan may
			 be conditioned upon its modification, including a change in its effective date.
			 The Commissioner may, prior to approving or disapproving a plan, request the
			 party filing it to supplement or modify it.
(3)
Effective Date of
			 Plan
. The benefits of an approved plan shall be made available to
			 all insureds purchasing or renewing policies containing a participating repair
			 shop endorsement, except for those in areas for which a waiver has been
			 obtained under
			 211 CMR
			 56.05(12), on or after the
			 effective date of the plan, unless and until the approval of the plan is
			 revoked or the plan is otherwise terminated in accordance with 211 CMR
			 56.04(4).
(4)
Revocation of Approval
. At any time after approval of
			 a plan, the Commissioner may, after due investigation, commence proceedings to
			 revoke or suspend such approval if he or she determines the insurer is not
			 complying with the terms of the plan, that the plan does not carry out the
			 intent of
			 211 CMR 56.00 or that the
			 plan is otherwise in violation of existing law. He or she shall commence such
			 proceedings by issuing an order to show cause why the approval of such plan
			 should not be revoked or suspended, which shall briefly set forth the asserted
			 grounds for revocation or suspension. The party which filed the plan, any
			 insurer which has filed a notice that it intends to adopt or has adopted an
			 industry plan, and any interested person may appear at the hearing. The
			 Commissioner may schedule the revocation of more than one plan to be considered
			 at any given hearing. After such hearing, the Commissioner shall issue a
			 written decision, stating reasons for any determination to revoke or suspend
			 approval of the plan. Non-revocation may be conditioned upon modification of
			 the plan or other means of compliance with
			 211 CMR 56.00. Unless the
			 Commissioner for good cause orders otherwise, the institution of revocation
			 proceedings shall not act to enjoin or suspend the operation of the plan as
			 originally approved. The Commissioner may, instead of or in addition to
			 revocation or suspension, impose fines or other appropriate sanctions under
			 M.G.L. c. 175 and M.G.L. c. 176D for any violations of law or
			 211 CMR
			 56.00.