1040                            LAWS OF MARYLAND                      [CH. 715

approved in writing shall be on file for a waiting period of 30 days
before it becomes effective. A plan shall be deemed approved unless
disapproved by the Commissioner within the waiting period. Sub-
sequent to the waiting period, the Commissioner may disapprove
any plan on the ground that it does not meet the requirements set
forth in this subsection [(i), (ii), (iii) and (iv) above], but
only after a hearing held upon not less [unless] than 10 days written
notice to every insurer and rating organization affected specifying
the matters to be considered at such hearing, and only by an order
specifying in what respect he finds that such plan fails to meet
such requirements, and stating when within a reasonable period
thereafter such plan shall be deemed no longer effective. Such order
shall not affect any assignment made or policy issued or made prior
to the expiration of the period set forth in said order. Amendments
to such plan or plans shall be prepared, filed and reviewed in the
same manner as herein provided with respect to the original plan
or plans.

If no plan meeting the standards set forth in this subsection
[(i), (ii), (iii) and (iv) above] is submitted to the Commissioner
within the periods stated in any order disapproving any existing plan
he shall, if necessary to carry out the purpose of this subsection,
after a hearing, prepare and promulgate a plan meeting such
requirements.

When such plan or plans or amendments thereto have been
approved or promulgated, no insurer shall thereafter issue a policy
of automobile and motor vehicle bodily injury and property damage
liability insurance or undertake to transact such business in this
State unless such insurer shall participate in such an approved or
promulgated plan. If, after hearing, the Commissioner finds that
any activity or practice of any insurer or rating organization in con-
nection with the operation of such plan or plans is unfair or un-
reasonable or otherwise inconsistent with the provisions of this
subsection he may issue a written order specifying in what respects
such activity or practice is unfair or unreasonable or otherwise
inconsistent with the provisions of this subsection and requiring the
discontinuance of such activity or practice.

(3) In addition to the requirements set forth in (2) above,
and notwithstanding any provisions of any assigned risk plan to
the contrary, no such plan may be approved or promulgated by the
Commissioner which is in conflict with or fails to meet the follow-
ing requirements:

(i) There must be an assigned risk plan in force at all times
and it shall be the duty of the Commissioner to so require or pro-
mulgate such a plan.

(ii) Any licensed motor vehicle operator who is unable to obtain
motor vehicle liability insurance, sufficient to satisfy the requirements
of financial responsibility pursuant to Article 66½ of this Code, is
to be eligible for insurance under the plan. PROVIDED, HOWEVER,
IF ANY PARTICULAR TYPE OR CLASSIFICATION OF DRIVER
IS FOUND TO BE SO HAZARDOUS THAT NO RATE CAN REA-
SONABLY BE SET FOR INSURANCE OF ANTICIPATED
LOSSES, THE COMMISSIONER MAY BE RULE PROVIDE THAT
SUCH DRIVERS ARE INELIGIBLE FOR INSURANCE UNDER