Current through Register 1536, December 6, 2024
Section 144.07 - Appearances and Public Comment at the Hearing(1)Appearance. A person may appear in his or her own behalf. A person may also be represented by an authorized representative.(2)Public Comment.(a)Oral Statements. Members of the public, including policyholders, directors, officers, and employees of the company, ma y present oral statements at the start of the public hearing or at another time determined by the presiding officer. A person who wishes to offer an oral statement shall file a written notice by the date specified in the notice of hearing. Such notice shall contain the name, address and telephone number of the person and his or her authorized representative, if any. The presiding officer, in his or her discretion, may allow a person who has not filed a notice of intention to make a statement to speak . The presiding officer may specify the amount of time allowed to a speaker. If the presiding officer determines that an oral statement is irrelevant, immaterial or unduly repetitious, he or she may further restrict the time allowed to a speaker.(b)Written Statements. Members of the public may file written statements before the close of the evidentiary record or by such other time as determined by the presiding officer.(c)Responses to Written Statements. The presiding officer may order a party to respond to written statements and to file and serve a copy of its response.(3)Other Participation and Intervention. (a)Petitions. A person, other than the company or the Division, who wishes to participate in the hearing other than by offering an oral or written statement as provided in 211 CMR 144.07(2) shall file and serve a petition for leave to participate or to intervene on or before the date specified in the notice of hearing, which date will not be less than 15 days following the date of the notice. Five copies of the petition shall be filed, unless otherwise ordered by the presiding officer. 1. The petition of a person seeking to participate must state the name and address of the petitioner; the manner in which the petitioner is affected by the plan; the issues the petitioner wishes to address; the relief sought and the statutory or other authority therefor; a description of the petitioner's proposed participation, including the nature of any evidence the petitioner seeks to present; and a statement explaining why the petitioner's interests would not be adequately served by submitting an oral or written statement at the hearing.2. The petition of a person seeking to intervene must state the name and address of the petitioner; the manner in which the petitioner is substantially and specifically affected by the plan; the issues the petitioner wishes to address; the relief sought and the statutory or other authority therefor; a description of the petitioner's proposed intervention, including the nature of any evidence the petitioner seeks to present; and a statement explaining why the petitioner's interests would not be adequately served by submitting an oral or written statement at the hearing.(b)Responses to Petitions. If a party opposes a petition to participate or intervene, it shall file a written objection, setting forth the grounds for its opposition, no later than five days after service of the petition or by such time set forth in the hearing notice. The party shall file five copies of any objection, unless otherwise ordered by the presiding officer.(c)Action on Petition. The presiding officer may schedule a hearing on a petition to participate or intervene. The presiding officer may permit any person who may be substantially and specifically affected by the plan to intervene in all or a part of the hearing. The presiding officer may allow a person who may be affected by the plan, and who is not permitted to intervene, to participate as determined by the presiding officer. The presiding officer may order two or more intervenors or participants to consolidate their appearances or presentations if consolidation will facilitate or expedite the hearing.