Meeting Notice and Agenda Items for the Massachusetts Auto Damage Appraiser Licensing Board - September 1, 2026

In accordance with Massachusetts General Laws Chapter 30A, §§ 18-25 and Governor Charles D. Baker’s “Order Suspending Certain Provisions Of The Open Meeting Law, G.L. c. 30A, § 20” issued on March 12, 2020, Chapter 20 of the acts. of 2021 “An Act Extending Certain COVID-19 Measures Adopted During the State of Emergency”, the Auto Damage Appraiser Licensing Board (ADALB or Board) will hold a public meeting on Tuesday, September 1, 2026, 11:00AM at One Federal Street, Boston, Massachusetts in the Public Meeting Room located on the 6^th Floor. The topics to be discussed during the meeting of the Board will be the following:

1. Call to order.
2. Approval of the Board minutes for the Board meetings held on July 14, 2026.
3. Report by Board Member Peter Smith on the Part-II examination for motor vehicle damage appraiser.
4. Presented by Board Legal Counsel, Michael D. Powers, update on amendment to M.G.L. c. 175 which, inter alia, creates a permanent auto body labor reimbursement rate advisory board to address any issues related to auto body labor reimbursement rates and shall file a report of its findings and conclusions, and any recommendations of the individual members of the advisory board with the clerk of the senate and house of representatives, the joint committee on financial services, the senate and house committees on ways and means and the division of insurance. at least once every four years. The new law as submitted by a Conference Committee of the legislature, and adopted in House 5555 Sections 78 and 134 on July 1, 2026, is the following:

Section 78. Said chapter 175 is hereby further amended by adding the following  sections:

Section 231. 

• There shall be, within the division of insurance, a permanent auto body labor reimbursement rate advisory board to address any issues related to auto body labor reimbursement rates. The advisory board shall consist of: 1 member appointed by the commissioner of insurance, who shall serve as a co-chair; 1 member appointed by the attorney general, who shall serve as a co-chair; 1 member from the auto insurance industry appointed by the Massachusetts Insurance Federation, Inc., or its successor; 1 member from the auto repair industry appointed by the Massachusetts Auto Body Association, Inc., or its successor; and 1 member appointed by the Massachusetts State Automobile Dealers Association, Inc., or its successor. No board member shall serve more than 3 consecutive 2-year terms. 
• The advisory board shall meet not less than 1 time per year. The advisory board shall be responsible for creating, implementing and overseeing a survey not more than once every 4 years that shall be given to relevant auto body shops and insurers as determined by the advisory board. The survey shall compile data pertaining to contracted hourly labor reimbursement rates, posted hourly labor reimbursement rates and any additional information the advisory board deems relevant. The advisory board shall collect industry data including, but not limited to: (i) labor reimbursement rates in neighboring states; (ii) total labor costs and total repair costs for repairs, including the total cost of repair; (iii) inflation data; (iv) workforce data; (v) vocational school trends; (vi) automobile insurance premiums; and (vii) any additional information as requested by the advisory board. The results of the survey and the data collected shall be reviewed and analyzed by the advisory board. 
• Not later than December 31 every fourth year, the advisory board shall file a report of its findings and conclusions, and any recommendations of the individual members of the advisory board with the clerk of the senate and house of representatives, the joint committee on financial services, the senate and house committees on ways and means and the division of insurance. 

Section 232. 

• The commissioner of insurance shall, every 4 years, issue the labor reimbursement rate survey to auto body shops and insurers, as established by the auto body labor reimbursement rate advisory board established in section 231. 
• Not less than every 4 years, the commissioner of insurance shall review the findings of the survey for evidence of whether there is a reasonable degree of competition in the auto body repair market. 
• If the commissioner, through review of the labor reimbursement rate surveys and consideration of competition concludes that a reasonable degree of competition does not exist, then the commissioner shall implement a full rate hearing, under the regulations of the division of insurance, to establish a minimum auto body labor reimbursement rate for the commonwealth or a region thereof. 
• In addition to competition, in setting the auto body labor reimbursement rate, the commissioner shall consider: (i) the best available market data relative to auto body repairs and the resulting insurance claims; and (ii) the impact on coverage premiums, including, but not limited to, phasing in the labor rate over a period of not more than 3 years.

Section 134. 

• The first auto body labor reimbursement rate survey required under section 232 of chapter 175 of the General Laws shall be conducted not later than January 1, 2027.

5. Next meeting date.
6. Other business – reserved for matters the Chair did not reasonably anticipate at the time of the posting of the meeting and agenda.
7. Review of Application for Complaints. 

Review of Complaints: Complaint 2026-13 and 15, 2026-19, 2026-20, 2026-21, 2026-22, 2026-23, 2026-24, 2026-25, 2026-26, 2026-27, 2026-28, 2026-29, 2026-30, 2026-31, 2026-32, 2026-33, 2026-34, and 2026-35.  During the review, the Board will review and discuss whether the complaints should be dismissed or whether the complaints will proceed to the next step of the ADALB’s Complaint Procedures.

8. Public Session.

9. Executive Session.

   Executive Session to further review response to Complaints 2025-28, 2025-29, 2026-08, 2026-09, and 2026-10.

   The licensed appraiser requested the matter be heard in the executive session and sent a written response. Also an applicant for a motor vehicle appraiser licensing has indicated a conviction for a felony. 

   The review of the complaints by the Board will be conducted in accordance with the Auto Damage Appraiser Licensing Board’s Complaint Procedures to determine whether: the Board lacks jurisdiction, the complaints are based on frivolous allegations, lack sufficient evidence, lack legal merit or factual basis, no violation of the regulation is determined.

   Such discussion during the executive session is allowed under M.G.L. c. 30A, §21(a)(1) and (5) in accordance with the Office of the Attorney General’s Open Meeting Law (OML) decisions such as Board of Registration in Pharmacy Matter, OML 2013-58, Department of Public Safety Board of Appeals Matter, OML 2013-104, Auto Damage Appraisers Licensing Board Matter, OML 2016-6, and Auto Damage Appraisers Licensing Board Matter, OML 2019-50. 

   Section 21(a) states “A public body may meet in executive session only for the following purposes: (1) To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual. 

   The licensed appraiser attorney has requested the matter be heard in the executive session.

   The Board will adjourn in the executive session.

10. Motion to Adjourn.

On behalf of the ADALB,

_______________________                                                  

Michael D. Powers                                                     

Counsel to the ADALB

I certify that this Notice was sent by email to the Massachusetts Office of Administration and Finance, to the Office of the Secretary for the Commonwealth and forwarded by e-mail to the IT Services for the Commonwealth.

Michael D. Powers                                                     Date: August 26, 2026

Counsel to the ADALB

Reasonable accommodations for people with disabilities are available upon request. You can make a request by sending an email to Michael D. Powers at: 

Michael.d.powers@mass.gov. Please include your name and contact information, and the type of accommodation you will need, including as much detail as you can. Please be advised that while we will try our best to grant requests received after the Friday before the meeting, they may not be possible to fulfill, so please make your request as soon as you know you will need it.