Section 9. No sponsor shall issue a membership certificate or any amendment to a membership certificate previously approved and issued without prior approval of the commissioner, and prior to such approval the sponsor shall file a copy of the membership legal services plan and membership certificate to be issued thereunder with the commissioner and copies thereof to the advisory committee on prepaid legal services. The advisory committee on prepaid legal services shall review the membership legal services plan and membership certificate and advise the commissioner in writing whether such plan and certificate are in conformity with rules of the supreme judicial court governing the practice of law.
Within thirty days after the filing of any such plan or certificate the commissioner shall either approve the plan in writing or hold a public hearing on such plan, after not less than fifteen days written notice to all interested parties. The advisory committee on prepaid legal services shall be a party with respect to any plan or certificate filed under this section, shall have the right to participate in any hearing held hereunder, and shall receive notice of the approval by the commissioner of any plan or certificate under this section. Any such plan and certificate shall be approved unless the commissioner finds that the plan or certificate contains any provision which is unfair, inequitable, misleading or deceptive, or that the plan or certificate does not comply with the provisions of this chapter or any other applicable provision of law or rule of the supreme judicial court, or that the sponsor has failed to establish its ability to provide covered legal services to its members in accordance with the terms of the membership certificate. The commissioner may approve any such plan subject to such conditions as may be appropriate to assure the continuing ability of the sponsor to provide covered legal services to its members in accordance with the terms of the membership certificate.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 176h - Legal Services Plans
Section 2 - Establishment and Operation of Insured Legal Services Plan; Types of Plans
Section 3 - Insurer of Insured Legal Services Plans
Section 4 - Insurance Certificates; Issuance; Required Provisions
Section 6 - Rates Under Insured Legal Services Plan
Section 7 - Membership Legal Services Plan
Section 8 - Membership Certificate; Required Provisions
Section 10 - Rates Under Membership Legal Services Plan
Section 11 - Hearing; Determination to Modify Provisions or Rescind Prior Approval
Section 12 - Hearing; Orders or Decisions Made Without Hearing; Request; Decisions to Be in Writing
Section 13a - Applicability of Chapter 176v to Legal Service Plans Governed by This Chapter
Section 13b - Applicability of Chapter 176w to Legal Service Plans Governed by This Chapter
Section 14 - Disputes or Controversies; Hearings
Section 16 - Sale of Legal Services Plan