Massachusetts General Laws

Mass. Gen. Laws ch. 26, § 7 (2026)

Deputies and assistants in division of insurance; appointments; duties; hearings; appeals to commissioner

✓ current as of July 2026

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Section 7. The commissioner of insurance may appoint and remove, with the approval of the governor and council, a first deputy, an actuary, a research analyst, and a chief examiner and such additional deputies, examiners, assistant actuaries and inspectors as the service may require. In case of a vacancy in the office of commissioner, and during his absence or disability, the first deputy shall perform the duties of the office, or in case of the absence or disability of such first deputy, the deputy who has been longest in the service of the division. The commissioner may appoint and remove such clerical and other assistants as the work of the division may require. Such deputies, research analyst, examiners, actuaries, inspectors, clerks and other assistants shall perform such duties as the commissioner may prescribe; provided, that any person aggrieved by any finding, ruling or decision rendered upon a hearing authorized by law held before a person other than the commissioner, may, within three days, or such further period in any particular case as the commissioner may allow, after the filing of such finding, ruling or decision in the office of the commissioner, appeal therefrom to the commissioner who shall review the case and may modify, affirm or reverse such ruling, finding or decision.

Notes of Decisions

Cited in 11 cases, 1961–1990 · leading case: Massachusetts Ass'n of Older Americans v. Comm'r of Ins., 471 N.E.2d 1281 (Mass. 1984).

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Massachusetts Ass'n of Older Americans v. Comm'r of Ins., 471 N.E.2d 1281 (Mass. 1984). · cites it 8× “On June 8, 1983, a deputy commissioner sitting as a hearing officer, see G. L. c. 26, § 7, issued her findings and order approving the revised Medex rates effective July 1, 1983, one month later than Blue Cross and Blue Shield had requested.”

Warner Ins. v. Comm'r of Ins., 548 N.E.2d 188 (Mass. 1990). “The first deputy has been named as a party because Warner’s appeal to the Commissioner under G. L. c. 26, § 7, was denied on the ground that the first deputy had been assigned the duties of the Commissioner, and that the decision was effectively that of the Commissioner.”

Westland Hous. Corp. v. Comm'r of Ins., 225 N.E.2d 782 (Mass. 1967). · cites it 2× “[G.L.c. 26, § 7]. On September 12, 1962, the Commissioner affirmed the action of the Deputy Commissioner.”

Barkin v. Milk Control Comm'n, 395 N.E.2d 890 (Mass. App. Ct. 1979). · cites it 4× “784 (1969) (§ 9A not applicable to the position of Deputy Commissioner of Insurance under G. L. c. 26, § 7); Dwyer v. Commissioner of Ins.”

Associated Indus. of Massachusetts v. Comm'r of Ins., 249 N.E.2d 593 (Mass. 1969). · cites it 2× “30A, § 1 (1), and that therefore their rights were prejudiced in that (a) the Commissioner did not give timely notice of the right to appeal to him from the decision of his subordinate, which right is given by G. L. c. 26, § 7, such notice being required in an adjudicatory…”

Maryland Cas. Co. v. Comm'r of Ins., 363 N.E.2d 1087 (Mass. 1977). “The right of appeal to the Commissioner when an administrative hearing has been conducted by a deputy commissioner is provided by G. L. c. 26, § 7, as amended by St. 1964, c.”

Dwyer v. Comm'r of Ins., 376 N.E.2d 826 (Mass. 1978). “But G. L. c. 26, § 7, from which the Commissioner derives his authority, treats without distinction examiners and higher appointees; and the argument, if valid, could not be confined to veterans, (ii) The language of § 7 is not so obscure as to leave substantial doubt of its…”

Deluty v. Comm'r of Ins., 386 N.E.2d 730 (Mass. App. Ct. 1979). “See G. L. c. 26, § 7 ("In case of a vacancy in the office of commissioner, and during his absence or disability, the first deputy shall perform the duties of the office, or in case of the absence or disability of such first deputy, the deputy who has been longest in the service…”

Regan v. Comm'r of Ins., 178 N.E.2d 81 (Mass. 1961). “If there was a “removal or discharge” it would have to be as an exercise of power granted to the Commissioner under G. L. c. 26, § 7, supra, and the State board of retirement would have no authority to review such action of the Commissioner.”

Hanley v. Comm'r of Ins., 243 N.E.2d 917 (Mass. 1969). “See G. L. c. 26, § 7; Cieri v. Commissioner of Ins.”

McDonough v. Comm'r of Pub. Works, 403 N.E.2d 435 (Mass. App. Ct. 1980). “Item 6010-0001, by authorizing positions in addition to the above-mentioned thirteen, should be read to supplement the provisions of c. 16, § 4. The instant case finds its controlling precedent in Regan v.”

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