Hearing scheduled for July 6, 2009

Pursuant to Chapter 30A and the authority granted to the Commissioner of Insurance ("Commissioner") under Chapter 175, § 113S of the Massachusetts General Laws, a hearing will be held at the Division of Insurance, One South Station, Boston, MA 02110-2208 on July 6, 2009 at 10:00 a.m..

The purpose of this hearing is to afford all interested persons an opportunity to provide oral and written comments regarding the proposed amendment of regulation 211 CMR 94.00, Mandatory Pre-Insurance Inspection of Private Passenger Motor Vehicles. 211 CMR § 94.00 establishes standards and procedures for implementing M.G.L. c. 175, § 113S, which governs the inspection by insurers of private passenger motor vehicles prior to providing insurance for fire and theft coverage, comprehensive coverage, collision or limited collision coverage. Chapter 175, § 113S specifies various exceptions under which the insurer is not required to conduct an inspection. The statute further provides, among other things, that the Commissioner, through the promulgation of a regulation, shall waive inspections under the circumstances enumerated in the statute. In addition, the statute affords the Commissioner the discretion to specify additional circumstances under which an insurer may waive an inspection. M.G.L. c. 175, § 113S(c). .

The proposed amendments to 211 CMR § 94.00, particularly the amended language contained in 211 CMR § 94.06, provide insurers additional bases under which they may implement an optional waiver of the inspection requirement, subject to the approval of the Commissioner.

The proceedings concerning the proposed amendment of 211 CMR 94.00 shall be designated as Docket # G-2009-04. Any person who wishes to provide oral comment concerning this proposed regulation must file a Notice of Intent to Comment with the Docket Clerk no later than July 1, 2009. Persons wishing to submit written comments may do so until the record of the hearing is closed. All submissions must be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, One South Station, Boston, MA 02110-2208 and must refer to Docket # G2009-04. Persons who do not file such a Notice will be heard after those who do notify the Division. Copies of the proposed regulation are available from the Division.

Dated: June 8, 2009

Nonnie S. Burnes
Commissioner of Insurance