Section 15 Board of Appeals Modernization 1

Said chapter 26 is hereby further amended by striking out section 8A, as so appearing, and inserting in place thereof the following section:-
Section 8A. (a) There shall be a board of appeal on motor vehicle liability policies and bonds serving in the division of insurance and consisting of 4 members: 1 of whom shall be designated by the commissioner of insurance; 1 of whom shall be designated by the registrar of motor vehicles; and 2 of whom shall be designated by the attorney general. All members of the board shall serve at the pleasure of their designating authority. The commissioner, the registrar of motor vehicles, and the attorney general may each designate alternate members. Any designation of alternate members may be revoked at any time and may run for such period as prescribed by the designating authority. In the case of an absence, inability to act or unavailability on the part of a principal member, whether temporary or permanent, the place of the principal member may be taken by an alternate member of the same designating authority. Board members, as well as their designated alternates, shall hold a current license to practice law in the Commonwealth or have experience in the areas of road safety or motor vehicle law. The compensation of a principal or alternate member, if not an employee of the commonwealth, shall be fixed by the commissioner. The commissioner shall designate the chair of the board.
(b) The commissioner shall appoint an executive director. The executive director shall report to and serve at the pleasure of the commissioner and shall devote their full time and attention to the duties of the office. The executive director shall be the executive and administrative head of the board. The executive director shall be responsible for the day-to-day operations of the board and may employ such employees and agents as the executive director may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. The executive director shall keep a record of all proceedings before the board and shall collect data on appeals, board outcomes and key performance metrics as determined by the commissioner.
(c) There shall be an executive secretary, employed by the division, who reports to the executive director. As deemed necessary by the commissioner, the division may employ staff to support the executive director and the board.
(d) All expenditures incurred under this section shall be paid from the highway fund. Section 11 of chapter 233 shall apply to the board and any witnesses summoned before it. The fees for attendance and travel of witnesses before the board shall be paid in an amount commensurate with the provisions of section 29 of chapter 262 and need not be paid nor tendered to them prior to their attendance. Said fees shall be paid by the commonwealth upon the certificate of the board or a member thereof or the executive director filed with the comptroller. An office and a room for hearings shall be provided or facilitated by the commissioner. The board may hold hearings at any place within the commonwealth, as well as virtually, and the members and board staff thereof shall be allowed their necessary travel and other expenses incurred from holding hearings outside the city of Boston. The board, with the approval of the commissioner, the registrar of motor vehicles and the attorney general, shall make and amend reasonable rules and regulations to expedite and regulate hearings and the procedures before it; provided, however, that rules and regulations regarding hearings on appeals made to the board pursuant to sections 113D and 113P of chapter 175 and section 7A of chapter 175E, shall only need to be approved by the commissioner.
(e) Except as provided in section 113P of chapter 175 and section 7A of chapter 175E, cases before the board shall be heard by panels of not more than 4 members; provided, however, that the board, with the approval of the commissioner, registrar of motor vehicles and the attorney general, may provide by regulation for categories of cases that may be heard by a single board member or a designated hearing officer, or which may be decided upon written submissions if no party objects. Any designated hearing officer shall be an employee of the board or the division. A designated hearing officer shall file a memorandum of their findings or order in the office of the board and shall send a copy to all parties to the appeal. A memorandum of findings or an order so filed by a designated hearing officer shall be considered a final determination of the board.