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STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE

In Re:

David Bourne, d/b/a Dave Bourne Building
v.
Maine Employers’ Mutual Insurance Company

Docket No. INS-11-100

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Notice of Pending Proceeding and Hearing

 

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.

  1. PROCEEDING STATUS

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.

  1. HEARING

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 will start at 9:00 a.m. on Monday, May 14, 2012 in the Central Conference Room at the Department of Professional and Financial Regulation, in the State Office Annex at 76 Northern Avenue, Gardiner, Maine.  The hearing will end by 5:00 p.m.

  1. HEARING PROCEDURE

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.
Any party may request a prehearing conference or conference call for any purpose set forth in Rule 350, such as scheduling and other pro­cedural issues, the possibility of an agreed disposition of some or all of the issues, or any other appropriate purpose. 

  1. INTERVENTION

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.
An application claiming intervention as of right pursuant to 5 M.R.S. § 9054(1) shall either iden­tify the applicant as an agency of federal, state, or local govern­ment or explain how the applicant is or may be, or is a member of a class that is or may be, sub­stantially and directly affected by the proceeding.  An application for permissive inter­vention pursuant to 5 M.R.S. § 9054(2) shall explain and substantiate the applicant’s interest in the proceed­ing.  The Hearing Officer will not grant late applications without a showing of good cause.

            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.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
DATED:  April 3, 2012                                        By:________________________________
Benjamin Yardley
Hearing Officer


Delivery of Intervention Applications:
Applicants should either hand-deliver their applications to the Hearing Officer at the offices of the Bureau of Insurance, 124 Northern Avenue, Gardiner, Maine or mail them to the Hearing Officer at the following address:
Benjamin Yardley
Attn:  Sarah Hewett (Docket No. INS-11-101 )
Bureau of Insurance
Maine Department of Professional and Financial Regulation
#34 State House Station
Augusta, Maine 04333-0034
            Simultaneous with the delivery of an intervention application to the Hearing Officer, an applicant shall serve a copy of the application on each person below at the address given by first class U.S. Mail, postage prepaid:
For Petitioner:                    
David Bourne, d/b/a Dave Bourne Building
c/o John B. Cole (jcole@3200.com)
Attorney at Law
Skelton, Taintor & Abbott
P.O. Box 3200
Auburn, ME 04212-3200

For MEMIC:                     
                                            Karen Schwartz (KSchwartz@memic.com)
                                            Maine Employers Mutual Insurance Company
                                            P.O. Box 11409
                                            Portland, ME 04104
                                            Allan Muir (amuir@pierceatwood.com)
                                            Pierce Atwood
                                            One Monument Square
                                            Portland, ME  04101

Last Updated: August 22, 2012