CHAPTER Ins 200 PRACTICES AND
PROCEDURES
Statutory
Authority: RSA 400-A:15, I; RSA
541-A:30-a, I
REVISION NOTE:
Document #13073-A, effective 7-27-20,
readopted with amendments Chapter Ins 200.
Some new rules were inserted, one existing rule was deleted, and the
other existing rules were readopted or readopted with amendments but with
extensive re-numbering of most of those rules within the chapter. New rules included Ins
203.03, Ins 205.06, Ins 206.10, Ins 207.01, Ins 207.02, Ins 207.06, Part Ins
208, and Ins 211.01. The former Ins 204.16 was deleted.
The former rules, if applicable, and
their new rule numbers are as follows:
Former
Rule New
Rule
Ins 201.01 Ins 201.01
Ins 202.01 Ins
202.01
Ins 203.01 Ins 203.01
Ins 203.02 Ins 203.02
none Ins
203.03
Ins 203.03 Ins 204.01
Ins 203.04 Ins 204.02
Ins 203.05 Ins 204.03
Ins 203.06 Ins 204.04
Ins 203.07 Ins 204.05
Ins 204.11 Ins 204.06
Ins 203.08 Ins 204.07
Ins 204.07 Ins 205.01
Ins 204.08 Ins 205.02
Ins 204.09 Ins 205.03
Ins 204.10 Ins 205.04
Ins 204.06 Ins 205.05
none Ins
205.06
Ins 204.01 Ins 206.01
Ins 204.02 Ins 206.02
Ins 204.03 Ins 206.03
Ins 204.04 Ins 206.04
Ins 204.05 Ins 206.05
Ins 204.12 Ins 206.06
Ins 204.13 Ins 206.07
Ins 204.14 Ins 206.08
Ins 204.15 Ins 206.09
none Ins
206.10
Ins 204.17 Ins 206.11
Ins 204.18 Ins 206.12
Ins 204.19 Ins 206.13
Ins 204.23 Ins 206.14
Ins 204.24 Ins 206.15
Ins 204.25 Ins 206.16
none Ins
207.01
none Ins
207.02
Ins 204.20 Ins 207.03
Ins 204.26 Ins 207.04
Ins 204.21 Ins 207.05
none Ins
207.06
Ins 204.22 Ins 207.07
Ins 204.27 Ins 207.08
none Ins
208.01
none Ins
208.02
none Ins
208.03
none Ins
208.04
none Ins
208.05
none Ins
208.06
Ins 205.01 Ins 209.01
Ins 205.02 Ins 209.02
Ins 206.01 Ins 210.01
Ins 206.02 Ins 210.02
Ins 206.03 Ins 210.03
Ins 206.04 Ins 210.04
Ins 206.05 Ins 210.05
Ins 207.01 Ins 201.06
none Ins
211.01
Document #13073-A replaced all prior
filings for rules in the former Chapter Ins 200. The prior filings affecting rules in the
former Chapter Ins 200 included the following documents:
#2336, eff 4-8-83
#2508, eff 9-23-83
#4287, eff 7-1-87
#5653, eff 7-1-93
#7024, INTERIM, eff 7-1-99
#7121, eff 10-29-99, EXPIRED: 10-29-07
#9052-A,
eff 1-2-08
#9052-B,
eff 1-2-08 (Ins 207)
#9650-A, eff 2-5-10;
#9650-B,
eff 2-5-10 (Ins 207), EXPIRED: 2-5-18
#13073-A, eff
7-27-20
As
practice and procedure rules, the rules in Chapter Ins 200 in Document #13073-A
will not expire except pursuant to RSA 541-A:17, II.
PART Ins 201 GENERAL
INFORMATION
Ins 201.01 Scope. The rules in this chapter shall govern all
proceedings before the department.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART Ins 202 DEFINITIONS
Ins 202.01 Definitions.
(a)
"Adjudicative proceeding" means the procedure to be followed
in contested cases, as set forth in RSA 541-A.
(b)
"Commissioner" means the insurance commissioner.
(c) “Complainant” means a consumer who
files a complaint or inquiry with the Department.
(d) “Confidential
document” means a document that is confidential in its entirety because it
contains confidential information, and there is no practicable means of filing
a redacted version of the document.
(e) “Confidential information” means:
(1) Information that is not public pursuant to
state or federal statute, administrative or court rule, a prior court order
placing the information under seal, or case law; or
(2) Information which the hearing officer finds,
if publicly disclosed, would substantially impair:
a.
The privacy interests of an individual; or
b. The business, financial, or
commercial interests of an individual or entity.
(f)
"Contested case" means "contested case" as defined
in RSA 541-A:1 IV.
(g)
"Declaratory ruling" means "declaratory ruling" as
defined in RSA 541-A:1, V.
(h)
"Department" means the insurance department.
(i) "Ex parte
communications" means the transmittal of data or argument concerning the
merits of the subject matter of any adjudicative proceeding to or from the hearing
officer, commissioner, or any assistant or advisor to the hearing officer or
commissioner without notice to all parties to the adjudicative proceeding.
(j)
"Hearing" means the formal or informal receipt by the
department of data or argument, or both, from persons.
(k)
"Hearing officer" means the commissioner or if the
commissioner is unavailable or unable to preside, the deputy commissioner or
any natural person whom the commissioner has designated to preside over a
hearing.
(l) "License" means “license” as defined
in RSA 541-A:1, VIII.
(m)
"Licensing" means "licensing" as defined in RSA
541-A:1, X.
(n) "Motion" means any
application by a party to a proceeding for an order relating to the proceeding.
(o)
"Order" means "order" as defined in RSA 541-A:1, XI.
(p)
"Party" means "party" as defined in RSA 541-A:1,
XII.
(q)
"Person" means "person" as defined in RSA 541-A:1,
XIII.
(r) “Probation” means holding in abeyance
the imposition of a license revocation or suspension, the payment of a monetary
fine, or other penalty or punishment imposed by order, for a specific period of time, provided certain conditions are satisfied.
(s)
"Proceeding" means any investigation, examination, hearing, or
adjudication in which the legal rights, duties, or privileges of a person as
set forth by statute or rule are determined by the department after opportunity
for a hearing.
(t) “Remote hearing” means a hearing
conducted via telephone, computer, or other electronic means.
(u)
"Rule" means "rule" as defined in RSA 541-A:1, XV.
(v) “Staff advocate” means any person
designated by the commissioner to act as the advocate for the department in an
adjudicative proceeding.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART Ins 203 HEARING OFFICER
Ins 203.01 Hearing
Officer; Appointment; Authority.
(a)
All hearings shall be conducted by a hearing officer.
(b)
The commissioner or deputy commissioner shall act as hearing officer in
any summary suspension hearing pursuant to Ins
206.04. For all other hearings, the
commissioner or deputy commissioner shall act as hearing officer or the
commissioner shall appoint a natural person to act as hearing officer.
(c)
If neither the commissioner nor deputy commissioner acts as hearing
officer, the commissioner shall appoint a hearing officer who shall receive evidence
and who shall be charged with preparing a proposed written decision and
proposed order with recommendations for the final disposition of the case or
for any dispositive motion, as set forth in Ins
207.04.
(d)
A hearing officer shall, as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an appeal;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence and exclude
irrelevant, immaterial, or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the hearing
officer’s own motion;
(6) Question any person who testifies;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI;
(8) Communicate with all parties to an
adjudicative proceeding regarding scheduling or procedural matters in writing,
in person, by fax, electronic mail, or by telephone, in compliance with Ins 204.07; and
(9) Take any other action consistent with
applicable statutes and rules necessary to conduct the hearing and complete the
record in a fair and timely manner.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 203.02 Withdrawal
of Hearing Officer.
(a)
Upon the hearing officer's own initiative or upon the motion or request
of any party, a hearing officer shall, for good cause, withdraw from any
appeal.
(b)
Good cause shall exist if a hearing officer has a direct interest in the
outcome of the hearing or any connection with the parties that would be likely
to improperly influence his or her judgment.
(c)
Mere knowledge of the issues, the parties, or any witness shall not
constitute good cause for withdrawal.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 203.03 Inquiry by Hearing Officer. The hearing officer in an adjudicative
proceeding shall question witnesses and make such inquiry of witnesses,
parties, or counsel as the hearing officer believes appropriate to promote the
fair, accurate, and efficient resolution of issues pending before the
department.
PART Ins 204 APPEARANCES BEFORE THE
DEPARTMENT
Ins 204.01 Who
May Appear.
(a)
Any party may appear in a proceeding either in person, by a
representative, or both.
(b)
Each party shall file an appearance in the proceeding indicating an
intention to appear on the date of the hearing.
(c)
If the party is represented, the representative shall file an appearance
in accordance with Ins 204.02.
(d)
Appearances by the party and any representative shall be filed at the
earliest date practical, but no later than 3 days before the scheduled hearing.
(e)
Any person seeking to intervene in a proceeding shall file a petition
for intervention in accordance with RSA 541-A:32. Unless granted permission to intervene, such
persons shall have no role in the proceeding.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 204.02 Representatives.
(a)
A representative shall be either an attorney-at-law, licensed in New
Hampshire, or an officer or employee designated to represent a business entity.
(b)
Designation of an attorney-at-law or other representative shall:
(1) Be in writing; and
(2) Contain the following information:
a. Name, address, and telephone number of designee;
b. Title or name of matter pending before the
department; and
c. Duration of designation.
(c)
No such form need be filed by officers or employees of the person.
(d)
An attorney from another jurisdiction shall be permitted to participate
in the proceedings if the attorney files a motion for leave to appear providing
proof the attorney is in good standing in his or her home jurisdiction.
(e)
Nothing in this rule shall be interpreted as permitting the unauthorized
practice of law, nor shall this rule be construed to restrict or limit the
right of any person to conduct his or her own business with the department.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 204.03 Right
to Counsel. Any party in a
proceeding may be represented by counsel.
Parties shall retain counsel at their own expense and requests for
appointment of counsel shall not be granted.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 204.04 Prohibited
Conduct and Representation.
(a) “Misconduct” means any act or non-act
which would constitute misconduct of an attorney-at law as defined in the New
Hampshire supreme court rules of professional conduct.
(b)
The department shall, after notice and opportunity for hearing, upon a
finding of misconduct as defined in this section, prohibit an individual from
acting as representative for any and all pending or
future matters, or any combination thereof, before the department.
(c)
Upon a finding of misconduct by any attorney admitted to practice in New
Hampshire, the matter shall be referred to the New Hampshire supreme court,
committee on professional conduct, for such determination as they find
appropriate.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 204.05
Staff of Department.
(a)
Staff members of the department shall only participate in a proceeding
as witnesses, technical assistants, technical advisors, or as otherwise
provided in this chapter.
(b)
The staff advocate shall be that person authorized to represent the
department in an adjudicative proceeding.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
204.06 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called as witnesses or granted
intervenor status, a complainant shall have no role during enforcement or
disciplinary hearings beyond the role of witness or intervenor.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 204.07 Ex Parte Communications,
Adjudicative Proceedings.
(a) Once an adjudicative proceeding has
commenced, unless required for the disposition of ex parte
matters authorized by law or exempt herein, no party shall communicate,
directly or indirectly, with the commissioner, the hearing officer, or any
assistant or advisor to the hearing officer concerning the merits of the case,
except upon notice and opportunity for all parties to participate.
(b) The notice and opportunity to participate
requirement imposed pursuant to paragraph (a) shall not apply:
(1)
When a hearing officer has been appointed to receive evidence pursuant
to Ins 203.01(c) and communications between or among
the commissioner and department staff are required for the proper
administration of the business of the department;
(2)
To ex parte communications between or among
the hearing officer and any assistant or advisor designated by the commissioner
to assist the hearing officer; or
(3)
To ex parte communications with staff
participating in the preparation of the final order after the commissioner has
received, reviewed and determined whether to accept, reject or otherwise modify
a proposed decision pursuant to Ins 207.04.
(c) When the commissioner has appointed a hearing
officer to receive evidence and enter a proposed decision pursuant to Ins 203.01(c), there shall be no ex parte
communications directly or indirectly between the hearing officer and the
commissioner concerning the merits of the case.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART
Ins 205 FILING AND SERVICE OF DOCUMENTS
Ins
205.01 Date
of Issuance or Filing of Documents.
(a) All decisions, orders, notices, or other
written correspondence or documents issued by or at the direction of the
department shall be refutably presumed to have been issued on the date noted on
the document.
(b) All written documents governed by these rules
shall be deemed to have been filed with or received by the department on the
actual date of receipt by the department, as evidenced by a date stamp placed
on the document by the department in the normal course of business.
(c) A decision, order, notice, or other written
correspondence or document issued by the department shall be deemed to have
been received on the day it is:
(1)
Delivered to a party or left at the physical address of that person, if
delivery is by personal delivery;
(2)
Deposited in a depository of the United States Postal Service, if
delivery is by first class mail; or
(3)
Faxed or sent electronically, if delivery is by
electronic mail.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
205.02 Format and Filing of Documents.
(a) All correspondence, pleadings, motions, or
other documents filed under these rules shall:
(1)
Include the title and docket number of the proceeding, if known;
(2)
Be clearly printed on durable paper, 8½ by 11 inches in size;
(3)
Be signed by the party or proponent of the document or, if the party
appears by a representative, by the representative; and
(4)
Include a statement certifying that a copy of the document has been
delivered to all parties to the proceeding in compliance with Ins 205.03.
(b) The signature on a document filed with the
department shall constitute certification that:
(1)
The signer has read the document;
(2)
The signer is authorized to file it;
(3)
To the best of the signer’s knowledge, information, and belief there are
good and sufficient grounds to support it; and
(4)
The document has not been filed for purposes of delay.
(c) All
correspondence, filings, or communications intended for the hearing officer
shall be addressed to:
Hearings Clerk
New Hampshire Insurance Department
21 South Fruit Street, Suite 14
Concord, NH
03301
(d) All petitions, motions, exhibits, memoranda, or
other documents filed in connection with adjudicative proceeding shall be filed
with an original and 3 copies, unless otherwise directed by the
department.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 205.03 Delivery of Documents.
(a) Copies of all petitions, motions, exhibits,
memoranda, or other documents filed by any party to a proceeding governed by
this rule shall be delivered by that party to all other parties to the
proceeding.
(b) All proposed and final notices, orders, decisions,
or other documents issued by the hearing officer or the commissioner pursuant
to this rule shall be delivered to all parties to the proceeding.
(c) Delivery of all documents relating to a proceeding
shall be made by personal delivery or by depositing a copy of the document, by
first class mail, postage prepaid, in the United States mail, addressed to the
party at the last address given to the department by the party. Unless otherwise prohibited by this chapter
or by law, upon the consent of any party, delivery may be by fax or electronic
mail, in lieu of delivery by first class mail.
(d) Notwithstanding paragraphs (a) through (c)
above, when a party appears by a representative, delivery shall be upon the
representative at the address stated on the appearance filed by the
representative.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
205.04 Computation
of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period
of time referred to in this chapter shall begin with the day after the
action which sets the time period in motion and shall include the last day of
the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday, or legal holiday, then the time
period shall be extended to include the first business day following the
Saturday, Sunday, or legal holiday.
(d) Except where the time has been fixed by
statute, the hearing officer shall for good cause, upon request or upon the
hearing officer's own initiative, lengthen or shorten the time provided for the
filing of any document. Good cause shall
include the unavailability of information, parties, witnesses, or attorneys
necessary for the filing of the document, the likelihood that the filing will
not be necessary because the parties anticipate a settlement, or any other
circumstances that demonstrate that a postponement would assist in resolving
the case fairly.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
205.05 Motions
and Response Thereto.
(a) Unless presented during an oral session of a
proceeding, motions and all replies thereto shall be in written form and filed
with the hearing officer, unless made in response to a matter asserted for the
first time at the hearing or on the basis of
information which was not received in time to prepare a written motion.
(b) Oral motions and any oral objection to such
motions shall be recorded in full in the record of the hearing. If the hearing officer finds that the motion
requires additional information in order to be fully
and fairly considered, the hearing officer shall direct the moving party to
submit the motion in writing, with supporting information, before any deadline
established by the hearing officer.
(c) All motions shall state:
(1)
The purpose of the motion;
(2)
The relief sought by the motion;
(3)
The statues, rules, orders, or other authority sanctioning the relief
sought by the motion; and
(4)
The facts claimed to constitute grounds for the relief requested by the
motion.
(d) Replies to motions shall state:
(1)
The defense of the party filing the reply;
(2)
The action which the party filing the reply wishes the department to
take on the motion;
(3)
The statutes, rules, orders, or other authority relied upon in defense
of the motion; and
(4)
Any facts which are additional to or different from the facts stated in
the motion.
(e) Motions shall be decided upon the writings
submitted. Repetitious motions shall not
be accepted.
(f) Replies to motions shall be filed within 10
days after the filing of the motion.
Failure to reply to a motion within the time allowed shall constitute a
waiver of objection to the motion but shall not in and of itself constitute
grounds for granting the motion.
(g) The hearing officer shall rule upon a motion after
full consideration of all objections and other factors relevant to the motion
in accordance with this chapter.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
205.06 Confidential
Documents and Confidential Information.
(a) Except as otherwise provided by statute or
rule, all pleadings, attachments to pleadings, and exhibits submitted at
hearings shall be available for public inspection.
(b) A confidential document shall not be accepted
in a pleading if it is neither required for filing nor material to the
proceeding.
(c) If a confidential document is required or is
material to the proceeding, the party shall file the confidential document in
the manner prescribed by paragraph (d) below.
(d) When a party files a document, the party
shall omit or redact confidential information from the filing when the
information is not required to be included for filing and is not material to
the proceeding; and
(1)
If none of the confidential information is required or material to the
proceeding, the party shall file only the version of the document from which
the omissions or redactions have been made; and
(2)
At the time the document is submitted to the hearing clerk, the party
shall clearly indicate on the document that the document has been redacted or
information has been omitted pursuant to Ins 205.06.
(e)
It is the responsibility of the filing party to ensure that confidential
information is omitted or
redacted from a document before the
document is filed.
(f) If confidential information is required for filing
or is material to the proceeding and must be included in the document, the
filer shall file:
(1)
A motion to seal as provided in paragraph (g);
(2)
For inclusion in the public file, the document with the confidential
information redacted by blocking out the text or using some other method to
clearly delineate the redactions; and
(3)
An unredacted version of the document clearly marked as confidential.
(g) A motion to seal a confidential document or a
document containing confidential information shall state the authority for the
confidentiality or circumstance that requires confidentiality. An
agreement of the parties that a document is confidential or contains
confidential information shall not be sufficient basis alone to seal the record
but must be ruled so, pursuant to paragraph (h) below.
(h)
The hearing officer shall:
(1)
Review the motion to seal and any objection to the motion to seal that
may have been filed and determine whether the unredacted version of the
document shall be confidential; and
(2)
Issue an order setting forth the hearing officer’s ruling on the motion
to seal, which order shall include the duration that the confidential document or
document containing confidential information shall remain under seal, and the
reasons for the ruling.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART
Ins 206 ADJUDICATIVE PROCEEDINGS
Ins
206.01 Adjudicative
Proceedings.
(a) In any adjudicative proceeding before the department,
all motions, requests, and actions shall be conducted pursuant to RSA 541-A:31
through 38.
(b) Hearings shall be conducted with the
respondent, the department, and any witnesses physically present before the
hearing officer. A remote hearing shall
be conducted upon motion of any party if the hearing officer determines that:
(1)
There is good cause as set forth in paragraph (c), below; and
(2)
Conducting the hearing with one or more parties participating remotely
would not violate any law or rule or constitutional protections, and would
promote the fair, accurate, and
efficient resolution of issues pending before the department.
(c)
Good cause shall include:
(1)
Excessive distance to the hearing location;
(2)
Physical disability or impairment of the respondent;
(3)
Transportation difficulties;
(4)
The physical presence of the respondent would threaten the health or
safety of the respondent or any other individual; or
(5)
Other circumstance that would prevent the respondent or other parties
from being able to appear and participate in person at the hearing.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.02 Waiver of Procedural Rules.
The hearing officer, upon the hearing officer's own initiative or upon
the motion or petition of any interested person, shall waive any requirement or
limitation imposed by this chapter not otherwise contrary to law, upon
reasonable notice to affected persons, when the proposed waiver appears to be
lawful and would be more likely to promote the fair, accurate, and efficient
resolution of issues pending before the department than would adherence to a
particular rule or procedure.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.03 Effect of Failure to Comply with the Rules or
Attend the Hearing.
(a) Failure to comply with the rules in this chapter
shall result in the denial of any petition or motion so failing to comply, or
the rejection of any document so failing to comply, or the issuance of an order
adverse to the person so failing to comply.
(b) If any
party, to whom notice has been properly given in accordance with RSA 400-A:18,
fails to attend a hearing, the hearing officer shall declare that party to be
default and shall either:
(1)
Dismiss the case, if the party with the burden of proof fails to appear;
or
(2)
Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.04 Summary Suspension of Department Issued
Licenses. In the case of summary suspensions, the
following general provisions shall apply:
(a) When the commissioner finds that public
health, safety, or welfare requires emergency action, and incorporates a
finding to that effect in such order, summary suspension of a license shall be
ordered, effective on the date specified in such order, pending proceedings for
revocation or other action;
(b) An order of summary suspension shall be
served prior to, simultaneously with, or after the commencement of an
adjudicative proceeding seeking the suspension or revocation of a license; and
(c) The order of summary suspension shall be
served upon the holder of a license, either by personal service, by certified
mail, return receipt requested, electronic delivery, or by some other means for
the purpose of directly informing the holder and shall become effective upon
delivery to the licensee.
(d) The hearing shall be scheduled to commence
within 10 business days of the effective date of the order of license
suspension.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.05 Burden and Standard of Proof.
(a) For purposes of this section, “proof by a
preponderance of the evidence" means what is sought to be proved is more
probable than not.
(b) In a hearing held to determine whether a
certification, license, permit, or other approval that has already been issued
should be suspended or revoked, the department shall, unless otherwise required
by statute, present a prima facie case supporting its action in order to meet
its burden of going forward with evidence of the violation, after which the
opposing party shall bear the burden of persuasion to present evidence to
convince the hearing officer that the department’s position should not be
upheld.
(c) The standards for meeting the department's burden
of going forward with evidence of the violation and the respondent's burden of
persuasion shall be by a preponderance of the evidence.
(d) In a hearing held to determine whether an
administrative fine should be imposed, the department shall bear the overall
burden of proof by a preponderance of the evidence.
(e) In any hearing held pursuant
to RSA 400-A:17, II(b) to review a department decision, the burden of proof
shall be on the person seeking to overturn the decision.
(f) The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.06 Continuances.
(a) The hearing officer shall for good cause,
upon request or upon the hearing officer's own initiative, advance or postpone
the time and date set for any hearing.
(b) If a postponement is requested by a party to
the hearing, it shall be granted if the hearing officer determines that good
cause has been demonstrated.
(c) Good cause shall include the unavailability
of information, parties, witnesses, or attorneys necessary to conduct the
hearing, the likelihood that the hearing will not be necessary because the
parties anticipate settlement, or any other circumstances that demonstrate that
a postponement would assist in resolving the case fairly.
(d) If the date, time, and place of the continued
hearing are known, the date, time, and place shall be stated on the
record. If the date, time, and place of
the continued hearing are not known, the hearing officer shall issue a written
scheduling order stating the date, time, and place of the postponed hearing as
soon as possible.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.07 Prehearing Conferences.
(a) At any time following the notice of hearing
of an adjudicatory proceeding, the hearing officer, upon motion or upon his or
her own initiative, shall direct all interested parties to attend one or more
prehearing conferences to aid in the disposition of the proceeding.
(b) The following may be considered at a
prehearing conference:
(1)
Opportunities and procedures for settlement;
(2)
Opportunities and procedures for simplification of the issues;
(3)
Possible amendments to the pleadings;
(4)
Possible admissions of fact and of documents to avoid unnecessary proof;
(5)
Possible limitations on the number of witnesses;
(6)
Possible changes to the standard procedures which would otherwise govern
the proceedings;
(7)
The distribution of written testimony, if any, and exhibits to the parties;
(8)
Possible consolidation of the examination of witnesses by the parties;
and
(9) Any other matters which might
contribute to the prompt and orderly conduct of the proceeding.
(c) The department shall cause prehearing
conferences to be recorded unless all parties wish to discuss possible
settlement off the record or the hearing officer
determines that the prehearing process is best served by conducting discussions
and conferences off the record. Matters
decided at a prehearing conference shall be reflected in an appropriate order.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.08 Discovery and Disclosure.
(a) Any party wishing discovery against another
party shall, by motion, seek leave to do so and shall identify the exact type
of discovery requested.
(b) Discovery shall be permitted when:
(1)
It appears that the parties cannot adequately address the factual issues
at the time fixed for the presentation of evidence without an opportunity to
acquire data pursuant to discovery;
(2)
The requested method of discovery is reasonable and will not cause
material unfairness or unreasonable expenses to any party; and
(3)
The requested discovery will not unreasonably delay the proceeding.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.09 Subpoenas.
(a) Subpoenas for the attendance of witnesses at
or the production of evidence in adjudicatory proceedings shall be issued only
upon the order of the commissioner or pursuant to authority delegated by the
commissioner. Subpoenas shall be issued
in response to a motion when the commissioner determines that a subpoena is
necessary for a full and fair presentation of evidence at the hearing and the
information is not otherwise available to the moving party. A party requesting a subpoena shall attach a
copy of the proposed subpoena to its motion.
The requesting party shall be responsible for the service of the
subpoena and payment of any witness fee and mileage expenses which may be
required.
(b) The person to whom the subpoena is directed
may, within 10 days after service of the subpoena or before the date specified
in the subpoena for compliance therewith, whichever is earlier, file a motion
to quash or modify the subpoena. The
filing of a motion to quash or modify shall toll the time
period within which the person named in the subpoena is directed to
comply with the subpoena. However, if
the commissioner denies the motion to quash or modify, in whole or in part, the
tolling of the time period for compliance shall end
and the person to whom the subpoena is directed shall comply with the subpoena,
or any modification thereof, within the balance of time remaining as provided
in the subpoena. The commissioner shall
grant additional time to comply with the subpoena if the commissioner
determines the motion to quash or modify was made in good faith and granting
such additional time will not cause material unfairness to any party and will
not unreasonably delay the proceeding.
(c) A subpoena shall be served by any person who
is 18 years of age or older and in the manner authorized for service of
subpoenas in the New Hampshire Superior Court.
The fact of service shall be written on the reverse of the original copy
of the subpoena by the person making service.
The original copy shall be immediately returned to the commissioner, or
commissioner’s designee who authorized the subpoena, by the person making
service.
(d) Should any person fail to comply with a
subpoena issued pursuant to this section, the commissioner shall employ any
remedy authorized by this title or the law of New Hampshire or shall direct an
interested party to seek judicial enforcement.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.10 Evidence.
(a) Receipt of
evidence shall be governed by RSA 541-A:33.
(b)All documents, materials,
and objects offered as exhibits shall be admitted into evidence unless excluded
by the presiding officer as irrelevant, immaterial, unduly repetitious, or
legally privileged.
(c) All objections to the
admissibility of evidence shall be stated as early as possible.
(d) Transcripts of
testimony and documents or other materials admitted into evidence shall be
public records unless the presiding officer determines that all or part of a
transcript or document is exempt from disclosure under RSA 91-A:5 or applicable
case law.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.11 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may submit proposed findings of fact
and conclusions of law to the presiding officer prior to or at the hearing.
(b) Upon request of any party, or if the
presiding officer determines that proposed findings of fact and conclusions of
law would serve to clarify the issues presented at the hearing, the presiding
officer shall specify a date for the submission of proposed findings of fact
and conclusions of law.
(c) In any case where proposed findings of fact
and conclusions of law are submitted, the decision shall include rulings on the
proposals.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 206.12 Transcripts. The entirety of all oral proceedings shall be
recorded verbatim. Upon the written request
to the commissioner by any party, or upon the department's own initiative, such
record shall be transcribed and the requesting party
shall pay all reasonable costs for such transcription.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.13 Record. The record in a contested case shall include all of the following that are applicable in that case:
(a) Any prehearing order;
(b) All pleadings, motions, objections, and rulings;
(c) Evidence received or considered;
(d) A statement of matters officially noticed;
(e) Proposed findings and exceptions;
(f) Any decision, opinion, or report by the
officer presiding at the hearing;
(g) The tape recording or stenographic notes or
symbols prepared for the hearing officer, together with any transcript of all
or part of the hearing considered before final disposition of the adjudicative proceeding;
(h) Staff memoranda or data submitted to the
hearing officer, except advisory memoranda prepared and submitted to the
hearing officer by staff of the department or others designated by the
commissioner to act as advisor or assistant to the hearing officer; and
(i) Matters placed on
the record after an ex parte communication.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.14 Consolidation. Upon motion or the hearing officer’s own
initiative, if 2 or more proceedings involve common questions of law or fact,
and the hearing officer determines consolidation is fair and efficient, the hearing
officer shall consolidate those proceedings for hearing, decision, or both,
after providing the parties notice and an opportunity for hearing on the
proposed consolidation.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.15 Severance. Whenever it shall appear to the department,
upon motion or its own initiative, that injury to the substantial rights of a
party or undue delay might be thereby avoided, the department shall, as
fairness and efficiency permit, sever one or more issues from a proceeding and
dispose of those issues in another proceeding, after providing the parties
notice and an opportunity for hearing on the proposed severance.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
206.16 Limiting
Number of Witnesses. To avoid
unnecessary cumulative evidence in any proceeding, the hearing officer may
limit the number of witnesses or the time for testimony upon a particular issue
in the course of any hearing.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART
Ins 207 SETTLEMENT, DECISIONS, AND REHEARING
Ins
207.01 Settlement.
(a)
Settlements between the parties shall be encouraged in accordance with
RSA 541-A:38.
Parties shall attempt to settle a
matter before it is scheduled for a hearing and may settle a matter at any
stage of the proceedings.
(b)
All settlement agreements shall:
(1)
Be in writing, describing the agreement's material terms; and
(2)
Be signed by both parties and their attorneys or agents.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.02 Voluntary Surrender of
License.
(a)
Any licensee may voluntarily surrender his or her license by returning
it to the department, accompanied by a signed letter stating that the licensee
intends to surrender his or her license.
(b)
A licensee who reapplies for licensure in New Hampshire after a
voluntary surrender shall meet all of the requirements
then in effect for new applicants.
(c)
The voluntary surrender of a license shall have no effect upon the
commissioner's authority to:
(1) Investigate violations of insurance laws or
the rules by a person licensed at the time the alleged violation occurred; or
(2) Impose disciplinary sanctions for violations
that occurred while the person was licensed.
(d)
Nothing in this section shall prohibit the department and a licensee
from entering into a settlement agreement or a consent decree relative to any
alleged violation.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.03 Reopening the Record.
(a)
At any time prior to the issuance of the decision on the merits, the hearing
officer, on the hearing officer’s own motion or on the motion of any party,
shall reopen the record to receive relevant, material, and non-duplicative
testimony, evidence, arguments, or exhibits not previously received.
(b)
Requests to reopen the record made after one or more parties have left
the hearing shall be made in writing.
(c)
The hearing officer shall give written notice of such further
proceedings if the parties are no longer present. The hearing officer shall also specify a date
by which other parties shall respond to or rebut the newly received evidence.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.04 Findings and Orders.
(a)
If, pursuant to Ins 203.01 (c), the
commissioner has appointed a natural person other than the deputy commissioner
to preside at a hearing as hearing officer, the following procedures shall
apply:
(1) The hearing officer shall submit to the
commissioner, within 35 days after the termination of a hearing, a proposed
decision and order including a proposed decision and order on any dispositive
motion. Any such proposed decision and
order shall be delivered to all parties;
(2) The parties may file exceptions and
supporting memoranda of law for review by the commissioner within 20 days from
the date the proposed decision and order is delivered pursuant to (a)(1) above. Replies to exceptions and legal memoranda may
be filed within 10 days from the date of the filing of the document prompting
the reply;
(3) Requests for oral argument on exceptions to
the proposed order shall be filed with the commissioner within 20 days from the
date the proposed decision and order is delivered, and the commissioner shall
issue an order granting or denying such request within 10 days;
(4) The commissioner shall, based upon the
record, determine whether the respective parties have met their burdens of
proof set forth in Ins 206.05 and shall accordingly
issue a final decision and order accepting, rejecting, or modifying the
proposed decision and order. Any such
order shall be subject to reconsideration of any final order pursuant to Ins 207.05 and Ins 207.06;
(5) If the commissioner issues a final decision
and order that rejects or otherwise modifies the proposed decision and order:
a. The commissioner's factual determinations in
any final order shall be based upon a review of the record;
b. The record shall provide a reasonable basis
supporting the rejection or modification of the findings and rulings of the
hearing officer;
c. The final decision shall adequately explain
the grounds for the commissioner's decision; and
d. The commissioner shall review all evidence in
the record and resolve any evidentiary conflicts by applying the commissioner's
own expertise and technical judgment; and
(6) The final order shall comply with all
requirements set forth in (c) of this section.
(b)
If the commissioner or deputy commissioner has presided over the
hearing, the commissioner or deputy commissioner, as appropriate, shall issue a
final decision and order consistent with the requirement of (c) of this
section.
(c)
The final decision and order shall:
(1) Be issued within 90 days of the termination
of the hearing, pursuant to RSA 400-A:23, II;
(2) Be made on the basis of the evidence of
record presented at the hearing and rationally supportable by such evidence;
(3) Be in writing or stated in the record;
(4) Include findings of fact and conclusions of
law, separately stated; and
(5) Be the final action of the department,
subject to the reconsideration of any final order pursuant to Ins 207.05 and Ins 207.06.
(d)
No factual information received or known that
is not evidence of record shall be considered in any final decision and order.
(e)
Request for rehearings and appeals from a
final action shall be made in writing and shall be made pursuant to RSA 541.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.05 Reconsideration on the
Commissioner’s Own Motion. Within 30
days of any final order, the commissioner, based upon the existing record, may
reconsider, revise, or reverse any final action on the commissioner's own
motion. If reconsideration is based upon
the existing record, prior notice shall not be given to the parties. If the commissioner believes further argument
or data should be considered, an appropriate order providing the parties with
notice and an opportunity to be heard shall be issued before any revision shall
be made in the department’s previous action.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.06
Motion for Reconsideration.
(a) A motion for reconsideration
shall be filed within 30 days of the final decision.
(b) A motion for reconsideration
shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the final
decision to be unlawful, unjust, unreasonable, or illegal in respect to
jurisdiction, authority, or observance of the law, an abuse of discretion, or
is arbitrary, unreasonable, or capricious;
(3) State concisely the factual findings, reasoning,
or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
(c)
Any objections to a motion for reconsideration shall be filed within 5
days.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins
207.07 Stay of Department Orders.
(a)
A stay of department action shall be specifically requested. The mere filing of a motion for
reconsideration shall not operate as a stay of any order, but a motion for stay
may be combined with a motion for reconsideration.
(b)
If the commissioner, acting on the commissioner's own motion, stays the
effect of any final order, the commissioner shall do so with or without a
corresponding order to reconsider or reopen the proceeding.
(c)
Consent agreements shall be encouraged and shall provide a legitimate
conclusion to the hearing process. When
the consent agreement is issued, the signatories to it shall thereby waive
their right to a motion to reconsider.
Intervenors shall have no standing to contest the consent agreement.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 207.08 Record
Retention. The department shall keep
a decision or order on file in its records for at least 6 years following the
date of the final decision or the date of the decision on any appeal, unless
the director of the division of records management and archives of the
department of state sets a different retention period pursuant to rules adopted
under RSA 541:31.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART Ins 208 PROCEEDINGS TO
DETERMINE COMMERCIAL REASONABLENESS OF HEALTH CARE FEES
Ins 208.01 Scope
(a) Ins 208 contains requirements for
proceedings before the department under RSA 420-J:8-e to determine whether a
fee charged for health care services submitted to an
insurance carrier for payment represents a commercially reasonable value, based
on payments for similar services from New Hampshire insurance carriers to New
Hampshire health care providers.
(b) The requirements of Ins 208 shall be in addition to the hearing standards under
Ins 201, Ins 202, Ins 203, Ins 204, Ins 205, Ins 206, and Ins 207, which shall
be applicable unless specifically provided herein.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 208.02 Petition
for Hearing.
(a) In the event of a dispute between a health care provider and an insurance
carrier relative to the reasonable value of a service under RSA 329:31-b,
either the provider or the insurance carrier may petition for a hearing under
RSA 400-A:17 and Ins 208.
(b) The
petitioner shall file
an original and 2 copies of the petition, and the petition shall set forth the
following information:
(1) The
rate the petitioning party believes is commercially reasonable;
(2) The evidence
and methodology for asserting that the fee is reasonable;
(3) The relevant facts relating to the billing
code used;
(4) The efforts
made by the parties to resolve the dispute prior to petitioning the
commissioner for review, including a statement of whether the parties have
engaged in mediation;
and
(5) A certification that the other party and the
data analytics division of the Insurance Department has been served with the
petition.
(c)
Any petition which does not contain the information required in (b)
above shall be inadequate.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 208.03 Response
to the Petition.
(a) Within 10 days of the filing of the petition for
a hearing, the responding party shall file a response to the petition.
(b) The respondent
shall file
an original and 2 copies of the response, and the response shall set forth the
following information:
(1) The
rate the responding party believes is commercially reasonable;
(2) The evidence
and methodology for asserting that the fee is reasonable;
(3) Any facts which are additional to or
different from the facts stated in the petition; and
(4) A certification that the other party and the
data analytics division of the insurance department has been served with the petition;
(c)
Failure to file a response to the petition shall result in a default finding
that the petitioning parties proposed rate is commercially reasonable.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 208.04 Prehearing Conference. An order scheduling a prehearing conference
shall be issued within 10 days of the filing of the response to the petition.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 208.05 Prehearing Statements.
(a)
At least 7 days before the prehearing conference, all parties shall file
with the hearing clerk and serve on the other parties
prehearing statements.
(b)
Prehearing statements shall include, by numbered paragraphs, a detailed,
comprehensive, and good faith statement, setting forth the following:
(1) Statement of the facts;
(2) Disputed issues of fact;
(3) Applicable law;
(4) The
rate the party believes is commercially reasonable;
(5) A detailed
description of the party’s methodology for calculating the rate;
(6) A list of all
exhibits to be offered in the direct case of each party;
(7) A copy of each
document or exhibit;
(8) A list of all
witnesses to be called at the hearing, together with a
brief summary of their testimony; and
(9) The status of
settlement negotiations.
(c)
Except for good cause shown, only witnesses listed in the prehearing
statement shall be allowed to testify and only exhibits, so listed, shall be
received in evidence.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 208.06 Intervention by the Department.
(a)
At any time prior to the issuance of the decision on the merits, the
department may file a motion to intervene as a party. Such motion shall be in writing and served
upon the parties.
(b)
If the department is allowed to intervene after
the close of the record, the hearing officer shall reopen the record to receive
relevant, material, and non-duplicative testimony, evidence, arguments, or
exhibits not previously received.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART Ins 209 PETITION FOR
DECLARATORY RULING
Ins 209.01 Petitions.
(a)
Any person may request a declaratory ruling from the department on
matters within its jurisdiction by filing an original and 4 copies of the
petition, and the petition for declaratory ruling shall set forth the following
information:
(1) The exact ruling being requested, including
any rule or statute implicated;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law; and
(3) A statement as to how the language of the
rule or statute applies to the circumstances of the petitioner's case.
(b)
Any petition for declaratory ruling which does not contain the
information required in (a) above shall be inadequate.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 209.02 Action
on Petitions.
(a)
If examination of a petition for declaratory ruling reveals that other
persons would be substantially affected by the proposed ruling, the department
shall require service of the petition on such persons and advise them that they
may file a reply.
(b)
The petitioner and any persons served with notice of the petition shall
provide such further information or participate in such evidentiary or other
proceedings as the department may direct after reviewing the petition and any
replies received.
(c)
The commissioner shall act on the petition as follows:
(1) Issue a written ruling within 30 days after
receipt of all information or the conclusion of any evidentiary or other proceeding; or
(2) Reject the petition if:
a. It is inadequate;
b.
It involves a hypothetical situation or otherwise seeks advice as to how the
commissioner would decide a future case;
c. It does not implicate the legal rights or
responsibilities of the petitioner;
d. It is beyond the scope of the commissioner's
statutory authority;
e.
There is pending legislation or rulemaking, a pending administrative or
judicial proceeding, or a pending investigation or examination that will
address the petition; or
f. Other procedural options are available to the
interested parties or the department.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART
Ins 210 RULEMAKING
Ins 210.01 How Adopted. A rule of the department or any amendment or
repeal thereof shall be adopted by the commissioner after notice and
opportunity for hearing in accordance with RSA 541-A. Rules may be proposed by any person pursuant
to RSA 541-A:4 or by the agency.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 210.02 Manner
for Adoption.
(a)
The department shall commence rulemaking by drafting a proposed rule or
by accepting as a proposed rule the draft of a rule proposed by any person
pursuant to Ins 209 and Ins 210.03.
(b)
With respect to any proposed rule, the department shall conduct rulemaking
and adoption proceedings pursuant to RSA 541-A.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 210.03 Petitions to Department for
Rulemaking. Petitions from
interested persons requesting adoption, amendment, or repeal of a rule shall be
received and disposed of in the following manner:
(a)
Petitions shall be submitted to the commissioner by letter;
(b)
Petitions shall contain the following:
(1) The date of the petitioning;
(2) The petitioner's name, address, and telephone
number; and
(3) The name and address of any other person or
organization petitioner represents;
(c)
The petitioner shall sign the petition;
(d)
The petitions shall be typed or printed in a legible fashion;
(e)
If possible, petitioner shall cite the rule and its provisions and
specify any changes desired, if repeal or amendment is sought, and shall
provide the text or approximate text of the proposed rule, if promulgation is sought;
(f)
The petitioner shall include a detailed and complete statement of the
petitioner's reasons in support of the requested action;
(g)
If the commissioner determines that any petition is deficient in any
respect, the commissioner shall, within 10 working days of receipt of said
petition, notify the petitioner, in writing, of the specific deficiencies and
allow the petitioner to amend the petition; and
(h)
Within 30 days of receipt of a petition or amended petition for
rulemaking that meets the requirements of (a)-(g), the commissioner shall grant
the petition and initiate rulemaking proceedings in accordance with RSA
541-A:4, if the commissioner determines that the department has authority to
take the proposed action and the proposed action is:
(1) Consistent with state and federal law and
policy; and
(2) Necessary to the efficient and effective
implementation of the rules that are within the jurisdiction of the department.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 210.04 Public Hearings.
(a)
Pursuant to the provisions of RSA 541-A, the department shall conduct a
public hearing on all proposed rules.
(b)
The public hearing shall afford all interested persons opportunity to
testify.
(c)
The presiding officer at a public hearing in a rulemaking proceeding
shall be the commissioner, deputy commissioner, or an individual designated by
the commissioner to preside at the hearing.
(d)
Notice of the date, time, and place or remote access information of the
public hearing for a rulemaking proceeding held pursuant to RSA 541-A shall be
given by publication in the rulemaking register pursuant to RSA 541-A.
(e)
A record of the public hearing shall be kept by electronic recording or
other method that shall provide a verbatim record.
(f)
Any individual wishing to submit exhibits or written testimony at a
public hearing shall submit such exhibits or testimony to the presiding
officer, provided the individual signs and dates such testimony or exhibits.
(g)
Any individual wishing to testify at a public hearing shall submit in
writing to the presiding officer their name, address, and whom the individual
represents, if anyone. The presiding
officer shall call each individual to present their
testimony. The presiding officer shall
encourage individuals who testify orally to place their testimony in writing
and to submit such written testimony to the presiding officer prior to the
close of the record.
(h)
Any comments, questions, or discussions that the presiding offer
determines as not to be relevant to the subject of the public hearing shall be
ruled out of order by the presiding officer.
(i) When the presiding officer determines that no
person has further questions or comments that are relevant to the subject of
the hearing, the presiding officer shall close the hearing.
(j)
Pursuant to RSA 541-A, the department shall provide a period of at least
5 days after the hearing to afford all interested persons the opportunity to
submit data, views, or arguments in writing or electronic format.
(k)
A continuance of a public hearing on a proposed rule shall be granted in
accordance with RSA 541-A.
(l) If a public hearing is continued, and the
later date, time, and place are known at the time of the hearing that is being
continued, the presiding officer shall state the date, time, and place on the
record in accordance with RSA 541-A. If
such later date, time, and place are not known at the time of the hearing that
is being continued, the presiding officer shall state how notice shall be given
of the date, time, and place of the continued hearing in accordance with RSA
541-A.
Source.
(See Revision Note at chapter heading
for Ins 200) #13073-A, eff 7-27-20
Ins 210.05 Request
for Notice of Intended Department Rulemaking Action.
(a)
Pursuant to the provisions of RSA 541-A, the department shall maintain a
current listing of all persons having made a request for advance notice of the
rulemaking proceedings.
(b)
The department shall charge a fee of $.25 per page as the copy fee for
providing proposed department rules in a paper format.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
Ins 210.06 Explanation of the Rule. The department shall provide, if requested by
any person at any time before 30 days after the final adoption of the rule, an
explanation of the rule, including:
(a)
A concise statement of the principal reasons for and against the
adoption of the rule in its final form; and
(b)
An explanation of why the department overruled the arguments and
considerations against the rule, if any.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
PART
Ins 211 WAIVER OF
RULES
Ins 211.01 Waiver of Rules.
(a)
The commissioner, upon the commissioner’s own initiative or upon request
by an insurer, shall waive any requirement of this chapter if such waiver does
not contradict the objective or intent of the rule and:
(1) Applying the rule provision would cause
confusion or would be misleading to consumers;
(2) The rule provision is in whole or in part
inapplicable to the given circumstances;
(3) There are specific circumstances unique to
the situation such that strict compliance with the rule would be onerous
without promoting the objective or intent of the rule provision; or
(4) Any other similar extenuating circumstances
exist such that application of an alternative standard or procedure better
promotes the objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source. (See
Revision Note at chapter heading for Ins 200)
#13073-A, eff 7-27-20
APPENDIX
Specific
State Statute the Rule Implements |
|
Ins 201.01 |
RSA 400-A:15, I;
RSA 400-A:17-24; RSA 417:6-16; RSA 541; RSA 541-A:30-a |
Ins 202.01 |
RSA 400-A:15,
I; RSA 541-A:1; RSA 541-A:36; |
Ins 203.01 |
RSA 400-A:13;
RSA 400-A:15, I; RSA 400-A:17; RSA 400-A:19; RSA 417:7;
RSA
541-A:30-a; |
Ins 203.02 |
RSA 400-A:15,
I; RSA 541-A:30-a |
Ins 203.03 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 417:7; RSA 541-A:31 |
Ins 204.01 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 400-A:20; RSA 417:7 and 8; RSA 541-A:31 |
Ins 204.02 |
RSA 400-A:15, I;
RSA 400-A:20; RSA 417:7 and 8; RSA 541-A:31 |
Ins 204.03 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 400-A:20; RSA 400-A:21; RSA 417:7 and 8;
RSA 541-A:31 |
Ins 204.04 |
RSA 400-A:15,
I; RSA 417:7; RSA 541-A:30-a; RSA 541-A:31 |
Ins 204.05 |
RSA 400-A:10;
RSA 400-A:15, I; RSA 417:7; RSA 541-A:30-a; RSA 541-A:31;
RSA 541-A:33 |
Ins 204.06 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 417:12; RSA 417:18; RSA 417:20;
RSA
541-A:30-a; RSA 541-A:32; RSA 541-A:38; |
Ins 204.07 |
RSA 400-A:15, I;
RSA 400-A:19, RSA 541-A:36 |
Ins 205.01 |
RSA 400-A:15,
I; RSA 400-A:14,19; RSA 417:7; RSA 541-A:33; RSA 541-A:30-a |
Ins 205.02 |
RSA 400-A:15,
I; RSA 541-A:30-a;
541-A:31 |
Ins 205.03 |
RSA 400-A:14; RSA
400-A:15, I; RSA 400-A:19; RSA 541-A:30-a; RSA 541-A:31;
RSA 541-A:36 |
Ins 205.04 |
RSA 400-A:14;
RSA 400-A:15, I; RSA 400-A:19; RSA 541-A:33; RSA 541-A:30-a |
Ins 205.05 |
RSA 400-A:15,
I; RSA 541-A:31 |
Ins 205.06 |
RSA 400-A:15,
I; RSA 400-A:25 |
Ins 206.01 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 417:7; RSA 541-A:31 – 38; |
Ins 206.02 |
RSA 400-A:15,
I; RSA 417:7; RSA 541-A:30-a; RSA 541-A:37 |
Ins 206.03 |
RSA 400-A:15,
I; RSA 400-A:21; RSA 541-A:30-a |
Ins 206.04 |
RSA 400-A:15,
I; RSA 541-A:30 |
Ins 206.05 |
RSA 400-A:15,
I; RSA 400-A:19-23; RSA 417:12; RSA 541-A:30-a |
Ins 206.06 |
RSA 400-A:14;
RSA 400-A:15, I; RSA 400-A:19; RSA 417:7; RSA 541-A:30-a |
Ins 206.07 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 417:7; RSA 541-A:31 |
Ins 206.08 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 400-A:21 and 22; RSA 417:7,8; RSA
541-A:30-a; RSA 541-A:33 |
Ins 206.09 |
RSA 400-A:15,
I; RSA 400-A:19 and 20; RSA 400-A:22; RSA 417:7; RSA 417:15;
RSA 541-A:30-a |
Ins 206.10 |
RSA 400-A:15,
I; RSA 541-A:33 |
Ins 206.11 |
RSA 400-A:15, I;
RSA 400-A:23; RSA 417:7; RSA 541-A:31; RSA 541-A:34 and 35 |
Ins 206.12 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 541-A:31 |
Ins 206.13 |
RSA 400-A:15,
I; RSA 400-A:19; RSA 541-A:31 |
Ins 206.14 |
RSA 400-A:15,
I; RSA 400-A:17 and 19; RSA 417:7; RSA 541-A;31 |
Ins 206.15 |
RSA 400-A:15,
I; RSA 400-A:17 and 19; RSA 417:7; RA 541-A:31 |
Ins 206.16 |
RSA 400-A:15,
I; RSA 400-A:14; RSA 400-A:19 and 20; RSA 541-A:31 |
Ins 207.01 |
RSA 400-A:15,
I; RSA 541-A:38 |
Ins 207.02 |
RSA 400-A:15, I;
RSA 402-J; RSA 541-A:38 |
Ins 207.03 |
RSA 400-A:15,
I; RSA 400-A:17, 19,20; RSA 417:11; RSA 541-A:30-a |
Ins 207.04 |
RSA 400-A:15,
I; RSA 400-A:23; RSA 417:12 and 13; RSA 541-A:34 and 35 |
Ins 207.05 |
RSA 400-A:15,
I; RSA 400-A:24; RSA 417: 11 and 12; RSA 541-A:30-a |
Ins 207.06 |
RSA 400-A:15,
I; RSA 541-A:30-a |
Ins 207.07 |
RSA 400-A:15,
I; RSA 400-A:17; RSA 417:7; RSA 541:18 |
Ins 207.08 |
RSA 400-A:15,
I; RSA 400-A:25 |
Ins 208.01 |
RSA 400-A:15,
I; RSA 420-J:8-e; RSA 541-A:31-38 |
Ins 208.02 |
RSA 329:31-b;
RSA 400-A:15, I; RSA 400-A:17 |
Ins 208.02 |
RSA 400-A:15,
I; RSA 400-A:17; RSA 420-J:8-e; RSA 541-A:31-38 |
Ins 208.04 |
RSA 400-A:19;
RSA 417:7; RSA 541-A:31 |
Ins 208.05 |
RSA 400-A:19;
RSA 541-A:31 |
Ins 208.06 |
RSA 400-A:19;
RSA 541-A:31 |
Ins 209.01 |
RSA 400-A:15,
I; RSA 400-A:17; RSA 417:11; RSA 541-A:4; RSA 541-A:16, I(d) |
Ins 209.02 |
RSA 400-A:15,
I; RSA 400-A:17; RSA 541-A:16, I(d) |
Ins 210.01 |
RSA 400-A:15,
I; RSA 541-A:3 |
Ins 210.02 |
RSA 400-A:15,
I; RSA 541-A |
Ins 210.03 |
RSA 400-A:15,
I; RSA 541-A:4; RSA 541-A:16, I(c) |
Ins 210.04 |
RSA 400-A:15,
I; RSA 400-A:17; RSA 541-A:16, I(b)(3) |
Ins 210.05 |
RSA 400-A:15,
I; RSA 541-A:6 |
Ins 210.06 |
RSA 400-A:15, I;
RSA 400-A:17; RSA 541-A:16, I.; RSA 541-A:11, VII |
Ins 211.01 |
RSA 400-A:15,
I; RSA 541-A:22, IV |