|Hearing Scheduled for April 10, 2008|
Article X of the Plan of Operation of Commonwealth Automobile Reinsurers ("CAR") provides for the adoption of Rules of Operation ("Rules") to assure that CAR operates efficiently and in accordance with the Plan of Operation. In part, Article X authorizes the Commissioner of Insurance ("Commissioner") to promulgate CAR Rules on an emergency basis if she finds that the immediate adoption of a Rule is necessary for the fair and equitable operation of CAR and that observance of the normal requirements for promulgation of Rules would be contrary to the public interest.
The concurrent implementation of an assigned risk plan for the private passenger motor vehicle insurance residual market and institution of competitive rating for private passenger motor vehicle insurance require CAR to change some of its operations. I have determined that amendments to Rules 21 through 24 and Rules 26 through 38 are required immediately to ensure the fair and equitable operation of CAR at this time, and further have determined that that observance of the normal requirements for promulgation of these amended Rules would delay their implementation and be contrary to the public interest.
I therefore am promulgating amendments to Rules 21 through 24 and Rules 26 through 38 as Emergency Rules to be effective immediately. I will hold a public hearing at 12:00 p.m. on April 10, 2008, at the Division of Insurance ("Division"), One South Station, Boston, MA to afford all interested parties an opportunity to provide oral and written comment about the Emergency Rules including, but not limited to, recommendations for modification or amendment of those Rules. Any person who wishes to provide oral comment about the Emergency Rules is requested to submit a Notice of Intent to Provide Oral Comment to the Division, along with a short written statement of the issues to be addressed in such comment, no later than April 8, 2008. All others will be heard after those who notify the Division in advance. All notices and submissions should be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, One South Station, Boston, MA 02110-2208, and refer to Docket No. C2008-01. A copy of the Emergency Rules may be accessed on the Division's website at www.mass.gov/doi.
Dated: April 3, 2008
Nonnie S. Burnes
Commissioner of Insurance