PARRIS N. GLENDENING, Governor

Ch. 35

(III) STATES WHEN, WITHIN A REASONABLE PERIOD BUT NOT LESS
THAN 10 DAYS AFTER THE HEARING, THE ORDER SHALL BE EFFECTIVE.

(F) INFORMATION CONFIDENTIAL.

(1) ANY INFORMATION OR TESTIMONY PROVIDED BY A SURETY
INSURER PURSUANT TO A COMPLAINT UNDER THIS SECTION IS PRIVILEGED AND
CONFIDENTIAL.

(2) THERE IS NO LIABILITY ON THE PART OF AND NO CAUSE OF ACTION
AGAINST A SURETY INSURER, ITS REPRESENTATIVES, OR ANOTHER PERSON WHO IN
GOOD FAITH PROVIDES TO THE SURETY INSURER INFORMATION OR TESTIMONY
THAT RELATES TO THE COMPLAINT.

(G) FINE.

IF THE COMMISSIONER FINDS THAT A SURETY INSURER HAS WILLFULLY
VIOLATED THIS SECTION, THE COMMISSIONER MAY IMPOSE A FINE ON THE SURETY
INSURER IN ACCORDANCE WITH § 1-301 OF THIS ARTICLE.

(H) ORDER TO WRITE BOND.

INSTEAD OF THE FINE PROVIDED IN SUBSECTION (G) OF THIS SECTION, THE
COMMISSIONER MAY ORDER THE SURETY INSURER TO WRITE THE BOND IF, AT THE
HEARING, THE COMMISSIONER FINDS BY A PREPONDERANCE OF THE EVIDENCE
THAT THE VIOLATION OF SUBSECTION (A) OR (B) OF THIS SECTION WAS KNOWING
AND WILLFUL AND WAS THE BASIS FOR THE SURETY INSURER'S ACTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 234AA(a) through (e)(1) and (f) through (h).

Throughout this section, the term "surety insurer" is substituted for the
former references to "surety" and "insurer" to clarify the type of insurer to
which this section applies and for consistency with terminology used
throughout this article.

In subsection (a) of this section, the former phrase "as defined in § 69 of this
article", which modified "surety bond", is deleted for accuracy. Former Art.
48A, § 69 defined "surety insurance" and is revised in § 1-101 of this article.

In subsection (c) of this section, the reference to "requesting" general
information is added for clarity.

In subsection (d) of this section, the reference to an "applicant" is added for
clarity in light of the reference to "refusing] to issue" a surety bond.

In subsection (e)(1) of this section, the phrase "after the occurrence giving
rise to the complaint" is added for clarity.

In subsection (e)(6)(ii) of this section, the former phrase "if appropriate" is
deleted as implicit in the reference to an "appropriate order" in the
introductory language of subsection (e)(6) of this section. Similarly, in
subsection (h) of this section, the former phrase "if appropriate" is deleted as

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