Section 77.05 - Schedule of Proceedings, Conferences, and Content of Advisory Filings(1)Schedule. The Presiding Officer shall determine the dates for submissions of filings; rebuttal evidence and briefs, if any; the beginning and ending dates of cross- and redirect examination; and the dates for any pre-hearing and preliminaryconferences. Unless otherwise determined by the Presiding Officer, advisory filings shall be submitted in the following order: insurer, intervenors and statutory intervenors, and the State Rating Bureau. The schedule may be altered by the Presiding Officer on his or her own, or upon request by a party upon a showing of good cause. The schedule may provide for separate filings, to be submitted at different times, for different issues or groups of issues specified by the Presiding Officer.
The schedule and procedures set forth in 211 CMR 77.00 may be modified by the Presiding Officer in proceedings on applications to deviate from the fixed-and-established rates.
(2)Separate Hearings. The Presiding Officer, in his or her discretion, may direct that certain issues be considered in one or more separate hearing sessions to be conducted according to a schedule set by the Presiding Officer. The Presiding Officer may direct that the sessions proceed concurrently.(3)Conferences. The Presiding Officer may hold one or more pre-hearing conferences to develop the schedule for the conduct of the proceeding. The Presiding Officer may also direct the parties to confer with the Presiding Officer or each other to consider: (a) simplification of issues;(b) the possibility of obtaining stipulations or admissions of fact and agreements as to documents;(c) a limitation on the number of expert witnesses;(d) stipulations as to the qualifications of experts;(e) limitations as to the time to be allowed for cross-examination, redirect and recross-e xamination.(f) rulings as to evidentiary disputes; and(g) other matters as may aid in the prompt disposition of the proceeding. After a conference held pursuant to 211 CMR 77.05(3), the Presiding Officer may issue an order regarding the subsequent schedule of the proceeding, which shall control unless modified by the Presiding Officer.
(4)Advisory Filings.(a)Filing Requirements. Unless otherwise determined by the Presiding Officer, parties shall submit ten copies of all filings in accordance with the schedule determined under 211 CMR 77.05(1). However, in proceedings on applications to deviate downward from fixed-and-established rates, parties shall submit four copies of all filings.(b)Content of Advisory Filings. Advisory filings shall contain recommendations concerning rates, premium charges, and classifications of risks. Unless otherwise directed by the Presiding Officer, advisory filings shall include all direct testimony, data, statistics, schedules, information, and commentary that the party wishes to present for consideration at the hearing. All direct testimony shall be accompanied by an appropriate written verification from each witness signed under the penalties of perjury. The insurer's advisory filing in a proceeding to fix and establish rates shall include the policy form most recently approved in accordance with M.G.L. c. 175, § 113A. Unless allowed by the Presiding Officer, in his or her discretion and for good cause shown, a party shall be precluded from making additions or amendments to its filing, and from introducing exhibits and raising issues not includ edinits filing.(c)Form of Advisory Filings. The Commissioner may prescribe the form of the advisory filing and may make changes to the form from time to time as he or she shall consider proper, expedient or necessary. If a party recommends a change in the form of the advisory filing, it shall file, at the time of the advisory filing, a supplement to that filing specifying the change it is recommending and setting forth all statistics, information, reasons or commentary which it intends to submit in support of a recommendation.(5)Statistical Data Base. An insurer in a hearing and investigation to fix and establish rates shall submit its statistical data base to the State Rating Bureau and to statutory intervenors as soon as reasonably available, but no later than 50 days after the issuance of the notice of hearing, or as otherwise ordered by the Commissioner.(6)Relitigation of Facts or Issues; Proposals to Alter Methodologies. The Presiding Officer may rely on previous years' automobile insurance rate decisions as precedent and, in the absence of significant new evidence or other good cause, may preclude the parties from relitigating facts or issues, including methodological issues, decided in previous decisions. All filings shall state with specificity each aspect of a methodology used in the previous year's automobile insurance rate decision which the filing party recommends not be used in the current proceeding. Any such filing shall also state with specificity each recommended methodological alternative. The party's written direct testimony and exhibits shall contain all material, including all data, statistics, schedules and exhibits, which the party wishes to present for consideration at the hearing in support of a recommendation for a change in methodology and a recommended alternative methodology. Such portions of the written direct testimony and exhibits shall be clearly identified. A party who fails to make a filing in accordance with 211 CMR 77.05(6) shall be precluded from recommending or presenting evidence in support of a change in methodology.