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Session Laws, 1963
Volume 671, Page 1110   View pdf image (33K)
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1112                            LAWS OF MARYLAND                       [CH. 553

applicants for insurance, insureds and insurers may have a hearing
on grievances and the right of appeal to the Commissioner. Every
such plan shall be filed in writing with the Commissioner. The Com-
missioner shall review the plan as soon as reasonably possible after
filing in order to determine whether it meets the requirements set
forth in (i), (ii), (iii) and (iv) above. Each plan unless sooner ap-
proved 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 (i), (ii), (iii) and (iv) above, but only after a hearing held upon
not less than 10 days written notice to every insurer and rating or-
ganization 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 re-
spect to the original plan or plans.

If no plan meeting the standards set forth in (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 neces-
sary 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 ap-
proved 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 connec-
tion with the operation of such plan or plans is unfair or unreason-
able or otherwise inconsistent with the provisions of this subsection
he may issue a written order specifying in what respects such ac-
tivity or practice is unfair or unreasonable or otherwise inconsistent
with the provisions of this subsection and requiring the discontinu-
ance of such activity or practice.

(o) Penalties.

The Commissioner may, if he finds that any person or organization
has violated any provision of this section, impose a penalty of not
more than fifty dollars ($50) for each such violation, but if he finds
such violation to be wilful he may impose a penalty of not more than
five hundred dollars ($500) for each such violation. Such penalties
may be in addition to any other penalty provided by law.

The Commissioner may suspend the license of any rating organi-
zation or insurer which fails to comply with an order of the Commis-
sioner within the time limited by such order, or any extension thereof
which the Commissioner may grant. The Commissioner shall not sus-
pend the license of any rating organization or insurer for failure to
comply with an order until the time prescribed for an appeal there-
from has expired or if an appeal has been taken, until such order

 

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Session Laws, 1963
Volume 671, Page 1110   View pdf image (33K)
 Jump to  
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