92

LAWS OF MARYLAND

Ch. 17

hold a hearing on the complaint within 30 days after receipt
of the complaint and shall give written notice of the time
and place of the hearing to all parties at least 10 days
prior to the scheduled date of the hearing. At any hearing
to determine whether there has been a violation of this
section, the burden of persuasion shall be upon the surety
to demonstrate that the cancellation or refusal to
underwrite or renew is not based in whole or in part upon
race, color, creed, sex, or physical handicap or disability
of an applicant or principal or for any unfairly
discriminatory reason. If, after the hearing, the
Commissioner finds that the surety has violated any
provision of this section, he may issue an appropriate order
specifying the manner in which the surety has violated this
section. The order may also provide relief under
subsections [(f)] (G) or [(g)] (H) of this section, if
appropriate; and the order shall state when, within a
reasonable period thereafter and in no event less than 10
days, it shall be effective.

(2) All hearings and proceedings conducted under
this section, as well as any decision of the Commissioner,
shall be subject to appeal by any party involved. Such
hearings, proceedings and appeal shall be in accordance with
the provisions of § 40 of this article.

(h) In lieu of the penalty provided in subsection
[(f)] (G) of this section the Commissioner may, if
appropriate, order the surety to write the bond if, at the
hearing provided in subsection [(d)] (E), he finds the
following facts to be proven by a preponderance of the
evidence:

(1)  That the violation of subsections (a) or (b)
of this section was knowing and willfull and,

(2)  That the violation of subsection (a) or (b)
was the basis for the surety's action.

539.

(b)  The provisions of this section do not apply to
policies issued, sold or delivered in this State to insure
vehicles as defined in [§ 11-165 and 11-105] §§ 11-105 AND
11-165 of the Transportation Article of the Annotated Code
of Maryland.

Article 56 - Licenses

264.

(c)  A contractor or salesman may give tangible items
to prospective customers for advertising or sales promotion
purposes if the gift is not conditioned upon obtaining a
contract for home-improvement work. However[,]: