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Session Laws, 1971
Volume 707, Page 297   View pdf image
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Marvin Mandel, Governor                         297

title "Insurance Division and Insurance Commissioner," to require
reports only as to examinations pursuant to Section 30 of this Act.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 34 of Article 48A of the Annotated Code of Maryland
(1968 Replacement Volume and 1970 Supplement), title "Insurance
Code," subtitle "Insurance Division and Insurance Commissioner,"
be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

34. Reports of examinations.

(1)  Report to be made.—The Commissioner or his examiner shall
make a full and true report of each examination made pursuant to
Section 80 of this Article.

(2)   Contents of report.—The report shall comprise only facts
appearing from the books, papers, records, or documents of the
person being examined, or ascertained from the statements of indi-
viduals concerning its affairs.

(3)   Copy to be furnished to person examined; hearing and modi-
fication.
—The Commissioner shall furnish a copy of the proposed
report to the person examined not less than thirty (30) days prior
to filing the same in his office. If such person so requests in writing
within such thirty-day period, the Commissioner shall grant a hear-
ing with respect to the report, and shall not so file the report until
after the hearing and after such modifications, if any, have been made
therein as the Commissioner deems proper.

(4)  Admissibility in evidence of report and of information secured
during examination.
—The report when so filed shall be admissible
in evidence, in any action or proceeding brought by the Commis-
sioner against the person examined, or against its officers or agents,
of the facts stated therein. The Commissioner and his examiners
may at any time testify and offer other proper evidence as to infor-
mation secured during the course of an examination, whether or
not a written report of the examination has at that time been either
made, served, or filed in the Commissioner's office.

(5)   Withholding report from public inspection.—The Commis-
sioner may withhold from public inspection any examination or
investigation report for so long as he deems such withholding to be
necessary for the protection of the person examined against unwar-
ranted injury or to be in the public interest.

(6)  Publication of report.—If he deems such to be in the public
interest the Commissioner may publish any such examination report
or a summary thereof in one or more newspapers in this State.
(1963, ch. 553, Section 1).

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved April 23, 1971.

 

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Session Laws, 1971
Volume 707, Page 297   View pdf image
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