NOTICE OF HEARING

DOCKET NO. G2013-01

Proposed New Regulation 211 CMR 135.00 – Requirements

Regarding Referrals to Motor Vehicle Glass Repair Shops

 

Pursuant to Massachusetts General Laws Chapter 30A and the authority granted to the Commissioner of Insurance under Chapter 208 of the Acts of 2012 and M.G.L. c. 175, §113X, a hearing will be held at the offices of the Division of Insurance (“Division”), 1000 Washington Street, Hearing Room 1E, 1st Floor, Boston, MA 02118 on Thursday, June 28, 2013 at 10:00 a.m., regarding the proposed new regulation 211 CMR 135.00 pdf format of 211-135-proposed.pdf , Requirements Regarding Referrals to Motor Vehicle Glass Repair Shops.

The purpose of the hearing is to afford all interested persons an opportunity to provide oral and/or written comments regarding the promulgation of 211 CMR 135.00.  The regulation prohibits insurers, producers, adjusters or third party administrators for insurers from steering or otherwise interfering with an insured’s choice of a glass repair shop for the insured’s motor vehicle.  The proceedings concerning the promulgation of 211 CMR 135.00 are designated as Docket No. G2013-01.

Pursuant to SECTION 68 of Chapter 240 of the Acts of 2010, a small business impact statement is required to be included in this Notice of Hearing.  A significant number of insurers, producers, adjusters and third party administrators for insurance companies constitute the Massachusetts businesses included in the regulated industry.  Two small businesses were identified as small businesses by the Small Business Administration Dynamic Small Business Search Page; one is a claims adjuster business and one is a third party administrator.  Based on Division of Insurance records, however, a significant number of insurers, producers, claims adjusters and third party administrators for insurers could be considered subject to proposed 211 CMR 135.00.

As only two small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 135.00, and given that 211 CMR 135.00  prohibits certain activity as opposed to requiring action by the regulated entities, the Division estimates that the projected reporting, recordkeeping and other administrative costs required for compliance with 211 CMR 135.00 are negligible.  The Division is not aware of any conflicts between 211 CMR 135.00 and existing Division regulations or existing regulations of another agency or department of the Commonwealth. 

Since only two small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 135.00, and given the subject matter of the regulation, 211 CMR 135.00 is not likely to deter or encourage the formation of new businesses in the Commonwealth.  Since only two small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 135.00, and given that the regulation prohibits certain activities and requires no reporting, the Division cannot establish less stringent compliance or reporting requirements for small businesses; establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses; consolidate or simplify compliance or reporting requirements for small businesses; or minimize the adverse impact 211 CMR 135.00 pdf format of 211-135-proposed.pdf on small businesses.

Any person who wishes to provide oral comment concerning the promulgation of the regulation is requested to file a Notice of Intent to Comment with the Division no later than June 27, 2013 at 4:00 pm.  All other persons who wish to provide oral comment will be heard after those who notify the Division in advance.  Written comments may be submitted until the record of the hearing is closed.  All submissions must be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200, or by electronic mail to doidocket.mailbox@state.ma.us and must refer to Docket No. G2013-01 in the subject line.  

Copies of the proposed regulation are available from the Docket Clerk or from the Division’s website at: http://www.mass.gov/ocabr/docs/doi/emergency-regulation-211-cmr-153-00.pdf.

 

 

                                                                        ______________________________________
                                                                        Joseph G. Murphy

                                                                        Commissioner of Insurance

                                               
Dated: May 16, 2013