Section 88.09 - Findings and Orders of the Board(1)General. The Board shall issue its Findings and Order as promptly as administratively feasible after the completion of the Appeal Hearing.(2)Findings and Order. The Findings and Order issued following an Appeal Hearing either shall vacate or uphold the Insurer's At-fault Accident Determination. (a)Vacate At-fault Accident Determination. If the Board finds that the Insurer's At-fault Accident Determination was not in accordance with the Standards of Fault promulgated under 211 CMR 74.00: Standards of Fault to Be Used by the Board of Appeal on Motor Vehicle Liability Policies and Bonds and Insurers in Presuming Fault When Making at Fault Determinations, it shall vacate the Insurer's At-fault Accident Determination. The Board shall notify the Appellant, the Insurer, and the Merit Rating Board of its decision. The Insurer promptly shall notify any other data collection agency to which the Insurer reported the At-fault Accident Determination that the Board has vacated the determination. If the Insurer, based on the claim underlying the Appeal, has imposed a Surcharge for At-fault Accidents on the policy insuring the Involved Operator, it shall promptly rescind the Surcharge and return any premium paid as a result of the Surcharge. No Insurer shall thereafter include such accident for the purpose of calculating a premium for a Private Passenger Motor Vehicle insurance policy covering the Involved Operator unless the Board's Findings and Order are reversed by a court of competent jurisdiction.(b)Uphold At-fault Accident Determination. If the Board finds that the Insurer correctly determined the Appellant's fault in accordance with the Standards of Fault promulgated under 211 CMR 74.00: Standards of Fault to Be Used by the Board of Appeal on Motor Vehicle Liability Policies and Bonds and Insurers in Presuming Fault When Making at Fault Determinations, it shall uphold the Insurer's At-fault Accident Determination. The Board shall notify the Appellant and the Insurer of its decision.(3)Form of Findings and Order. The Findings and Order shall be in the form of a written document filed in the docket as part of the Appeal Record and shall be accompanied by a statement of the reasons for the decision, including a determination of each issue of fact or law necessary to render such decision.(4)Notice of Decision and Right to Appeal. The Board shall send a notice and a copy of the Findings and Order to the Parties that: (a) advises the Parties of their rights to appeal the Board's Findings and Order to the Superior Court where the Appellant resides or has a principal place of business within the Commonwealth, or in the Superior Court for Suffolk County, in accordance with M.G.L. c. 175E, § 7A, and M.G.L. c. 30A, § 14.(b) advises the Parties that such an appeal must be filed within 30 days of the Board's Findings and Order.(c) advises the Parties of the procedures for filing an appeal under M.G.L. c. 175E, § 7A.Amended by Mass Register Issue 1355, eff. 12/29/2017.