P&CMAeasy
When the MA DOI initiates a contested-case enforcement action against a licensee, where are the evidentiary hearings most commonly conducted under the State Administrative Procedure Act?
Before the Commissioner of Insurance, in a hearing conducted by the Division itself
BBefore a jury in the Superior Court, Business Litigation Session, with full discovery under the Massachusetts Rules of Civil Procedure
CBefore the Supreme Judicial Court sitting en banc
DBefore a federal magistrate judge in the District of Massachusetts
Why this is the answer
DOI hears its own contested cases under the adjudicatory provisions of the State Administrative Procedure Act (c. 30A). As administrator of the insurance laws, the Commissioner conducts hearings and issues decisions on enforcement actions against licensees, and DOI publishes them under its own docket numbers. c. 7 §4H lets an agency ask the Division of Administrative Law Appeals to hear cases for it, but DOI enforcement hearings are held at the Division.
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