1538                             Laws of Maryland                      [Ch. 715

(b)     Upon request of the board of directors, provide the Asso-
ciation with a statement of the premiums in the appropriate states
for each member insurer.

(c)    When an impairment is declared and the amount of the
impairment is determined, serve a demand upon the impaired in-
surer to make good the impairment within a reasonable time. Notice
to the impaired insurer shall constitute notice to its shareholders, if
any. The failure of the insurer to promptly comply with such demand
shall not excuse the Association from the performance of its powers
and duties under this Act.

(d)    In any liquidation or rehabilitation proceeding involving a
domestic insurer, be appointed as the liquidator or rehabilitator.
If a foreign or alien member insurer is subject to a liquidation pro-
ceeding in its domiciliary jurisdiction or state of entry, the Commis-
sioner shall be appointed conservator or ancillary receiver.

(2) The Commissioner may suspend or revoke, after notice and
hearing, the certificate of authority to transact insurance in this
State of any member insurer which fails to pay an assessment when
due or fails to comply with the plan of operation. As an alternative,
the Commissioner may levy a forfeiture on any member insurer
which fails to pay an assessment when due. Such forfeiture shall
not exceed 5% of the unpaid assessment per month,, but no forfeiture
shall be less than $100 per month.

(8) Any action of the board of directors or the Association may
be appealed to the Commissioner by any member insurer if such
appeal is taken within 30 days of the action being appealed. Any
final action or order of the Commissioner shall be subject to judicial
review in a court of competent jurisdiction.

(4) The liquidator, rehabilator, or conservator of any impaired
insurer may notify all interested persons of the effect of this Act.

515. Prevention of impairments.

To aid in the detection and prevention of insurer impairments,

(1)    THE COMMISSIONER SHALL EXAMINE ANY MEM-
BER INSURER WHO THE COMMISSIONER HAS REASON-
ABLE CAUSE TO BELIEVE THAT SUCH INSURER MAY BE
UNABLE OR POTENTIALLY UNABLE TO FULFILL ITS CON-
TRACTUAL OBLIGATIONS. The board of directors shall, upon
majority vote, notify the Commissioner of any information indicat-
ing any member insurer may be unable or potentially unable to fulfill
its contractual obligations.

(2)    The board of directors may, upon majority vote, request that
the Commissioner order an examination of any member insurer which
the board in good faith believes may be unable or potentially unable
to fulfill its contractual obligations. The Commissioner may conduct
such examination. The examination may be conducted as a National
Association of Insurance Commissioners examination or may be con-
ducted by such persons as the Commissioner designates. The cost of
such ANY examination shall be paid by the Association, and the
examination report shall be treated as are other examination reports.
In no event shall such ANY examination report be released to the
board of directors of the Association prior to its release to the public,