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Session Laws, 1963
Volume 671, Page 1113   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1115

(d)   False and misleading information.

No person or organization shall knowingly give false or mislead-
ing information to the Commissioner, to any insurer or to any other
person which will in any manner affect the proper determination
of rates or premiums, or the proper issuance of a contract, policy
or guarantee of insurance.

(e)   Penalties.

(1)   The Commissioner may, if he finds that any person or organi-
zation has violated any provision of this subtitle, impose a penalty
of not more than $250.00 for each such violation, but, if he finds
such violation to be wilful, he may impose a penalty of not more
than $1,000.00 for each such violation. Such penalties may be in
addition to any other penalty provided by law.

(2)   The Commissioner may suspend the license of any insurer
who fails to comply with any lawful order of the Commissioner
within the time limited by such order, or any extension thereof
which the Commissioner may grant. The Commissioner shall not
suspend the license of any insurer for failure to comply with an
order until the time prescribed for an appeal therefrom has expired
or, if any appeal has been taken, until such order has been affirmed.
The Commissioner may determine when a suspension of license shall
become effective, and it shall remain in effect for a period fixed by
him, unless he modifies or rescinds such suspension, or until the
order upon which such suspension is based is modified, rescinded
or reversed.

(3)   No penalty shall be imposed and no license shall be suspended
except upon written order of the Commissioner, stating his findings,
made after a hearing held upon not less than ten days' written
notice to such person or insurer and specifying the alleged violation.

245. Hearings and Judicial Review.

(1) Any insurer or rating organization aggrieved by any order
or decision of the Commissioner under this subtitle made without a
hearing, may within thirty (30) days after notice of the order to the
insurer or organization, make written request to the Commissioner
for a hearing thereon. The Commissioner shall hear such party or
parties within twenty (20) days, after receipt of such request and
shall give not less than ten (10) days' written notice of the time and
place of the hearing. The hearing shall be concluded within fifteen
(15) days from the commencement thereof; provided, however, that
the Commissioner, upon application with notice to the inter-
ested parties and for good cause shown, may grant additional time,
not exceeding fifteen (15) days. Within twenty (20) days after the
conclusion of such hearing the Commissioner shall affirm, reverse or
modify his previous action, specifying his reason therefor, and shall
give a copy of such order or decision to all interested parties. In the
event of the Commissioner's failure to hold or complete the hearing
or to render his order or decision within the periods specified herein,
the filing or application in issue shall be deemed to meet the require-
ments of this subtitle and shall be deemed approved.

The order shall contain specific findings of fact by the Commis-
sioner in relation to the matter before him, such findings to be sup-
ported by a preponderance of the evidence on consideration of the

 

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Session Laws, 1963
Volume 671, Page 1113   View pdf image (33K)
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