The proposed regulation is outlined in 211 CMR 135.00
The Division of Insurance will hold a public hearing on June 28, 2013 in order to discuss the proposed new regulation entitled “Requirements Regarding Referrals to Motor Vehicle Glass Repair Shops.” The hearing will take place at 10:00AM in Hearing Room 1E at the DOI Offices located at 1000 Washington Street in Boston.
The proposed regulation, codified in 211 CMR 135.00, will seek to prohibit insurers, producers, adjusters or any other third party administrators from steering or otherwise influencing an insured in connection with their choice of a glass repair shop for the motor vehicle. The Division of Insurance contends that the following research demonstrates that the passage of this new regulation would have negligible affect on small businesses in the Commonwealth.
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 on small businesses.
If you would like to participate in the June 28th hearing
For those interested in participating the public hearing and to make a comment with regards to the promulgation of 211 CMR 135.00, the DOI requests that a Notice of Intent to Comment be filed with the Division, no later than 4:00PM on June 27, 2013. Any one else interested in providing an oral comment during the hearing will be allowed to do so after those who notified the DOI in advance. As always, the DOI will also accept written comments until the record of the hearing is closed. Note that written submissions should be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200. Even more convenient, is the option to send them electronically to firstname.lastname@example.org. Just be sure to include Docket N. G2013-01 in the subject line.