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Session Laws, 1947
Volume 411, Page 401   View pdf image (33K)
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W.M. PRESTON LANE, JR., GOVERNOR. 401

(c) No pecalty shall be imposed and no license shall be sus-
pended except upon a written order of the Commissioner, stat-
ing his findings, made after a hearing held upon not less than
ten days' written notice to such person or insurer and specify-
ing the alleged violation.

8. (Judicial Review.) Any order or decision of the Com-
missioner shall be subject to review upon appeal taken within
30 days from the date of such order or decision by any party
in interest to the Circuit Court, sitting in Equity, in any
County, or to the Circuit Court or the Circuit Court No. 2 of
Baltimore City, in which the insurer has its principal office
in this State. All such appeals should be upon the record or
proceedings before the Commissioner, certified to the Court
by the Commissioner, including a statement of all facts con-
sidered by the Commissioner upon which his finding was based.
Either side may introduce additional testimony or other evi-
dence before the Court. The petition of appeal shall set forth
concisely the particulars in which the action of the Commis-
sioner is alleged to be arbitrary, unreasonable or against the
weight of the evidence. The decision of the Circuit Court shall
conclude the matter as to all parties, except that an insurer
or the Insurance Commissioner may take an appeal from the
final order to the Court of Appeals in the same manner as in
other equity cases but within 10 days after the date of such
final order, and the Court of Appeals shall immediately hear
and determine such appeal. Any appeal by an insurer from
an order or decision of the Commissioner shall constitute a stay
to such order or decision until the matter is finally concluded
and determined.

9. (Constitutionality.) If any section, sub-section, sub-
division, paragraph, sentence or clause of this sub-title is held
invalid or unconstitutional, such decision shall not affect the
remaining portions of this sub-title.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1947.

Approved March 29, 1947.

CHAPTER 271.
(House Bill 450)

AN ACT to add a new Sub-section to Section 106 of Article
48A of the Annotated Code of Maryland (1943 Supple-

 

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Session Laws, 1947
Volume 411, Page 401   View pdf image (33K)
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