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Bureau of Insurance
OTHER PFR AGENCIES
STATE OF MAINE
Bureau of Insurance Attorney Benjamin Yardley (the “Hearing Officer”) issues this Notice of Pending Proceeding and Hearing in this matter. Superintendent Eric A. Cioppa has delegated all legal authority to the Hearing Officer under 24-A M.R.S. § 210 to act in the Superintendent’s name in this matter.
Persons interested in more information about this proceeding should refer to the Decision and Orders dated August 19, 2011 and September 28, 2011, available on the Bureau’s web site at www.maine.gov/pfr/insurance/hearing_decisions/index.htm#workers.
Pursuant to 24-A M.R.S. §§ 229 and 2320(2), the Hearing Officer hereby gives notice of a hearing to consider the appeal filed with the Superintendent by David Bourne, d/b/a Dave Bourne Building (“Petitioner”) under Section 2320(2). The appeal is from a review by Maine Employers’ Mutual Insurance Company (“MEMIC”) of the manner in which it applied its rating system in connection with the Petitioner’s insurance with MEMIC. The Petitioner argues that MEMIC has improperly charged premium based on remuneration paid to workers whom the Petitioner considers to be independent contractors. The purpose of the hearing is to determine whether MEMIC properly charged premium according to applicable legal standards and to the rating plan approved by the Superintendent. The Hearing Officer will also address in the proceeding any other related issues raised by any party or by the Hearing Officer that the Hearing Officer, in his sole discretion, deems appropriate to address.
The Hearing Officer will conduct the hearing according to the provisions of the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051–9064, and the Maine Insurance Code, 24‑A M.R.S. §§ 229 – 236. Bureau of Insurance Rule 350 will also apply except to the extent that it may be inconsistent with a procedure specifically adopted for purposes of this proceeding. Parties may be represented by counsel, submit evidence, and examine all witnesses. A party’s failure to attend the hearing may result in a disposition by default against that party.
The parties to the proceeding currently are David Bourne, d/b/a Dave Bourne Building and MEMIC. Persons wishing to intervene as parties in the proceeding shall file their applications in writing with the Hearing Officer no later than 5:00 p.m. on the last business day before the hearing and shall simultaneously serve a copy of the intervention application on each party at the name and address identified at the end of this Notice.
The Department of Professional and Financial Regulation does not discriminate on the basis of disability in the admission to, access to, or operation of its programs, services or activities. Individuals in need of auxiliary aid for effective communication in the hearing are invited to make their needs and preference known to the Hearing Officer sufficiently before the hearing that appropriate arrangements can be made.
Delivery of Intervention Applications:
Last Updated: August 22, 2012
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