422                              Laws of Maryland                      [Ch. 156

filed by or on behalf of any insurer, group of insurers or fleet of
insurers if in the opinion of the Commissioner such voluntary plans
exceed the provisions of this subsection, such agreements and rate
modifications to be subject to the approval of the Commissioner.

(3) Every insurer undertaking to afford any insurance or cover-
age named in the first paragraph of this subsection, whether singly
or in any combination, and every rating organization which files
rates for such insurance shall cooperate in the preparation and sub-
mission of a plan to be known as Maryland automobile insurance
plan for the equitable apportionment among insurers of applicants
who are unable to procure such insurance through ordinary methods.
The Maryland automobile insurance plan shall provide: (1) (I) rea-
sonable rules governing the equitable distribution of risks by direct
insurance, reinsurance or otherwise and their assignment to insur-
ers; (ii) rates and rate modifications applicable to such risks which
shall not be excessive, inadequate or unfairly discriminatory,; (iii)
the limits of liability which the insurer shall be required to assume;
(iv) a method whereby applicants for insurance, [insured] insureds
and insurers may have a hearing on grievances and the right to
appeal to the Commissioner. The Maryland automobile insurance
plan shall be filed in writing with the Commissioner. The Commis-
sioner shall review the plan as soon as reasonably possible after filing
in order to determine whether it meets the requirements set forth in
this subsection. The plan unless sooner approved in writing shall be
on file for a waiting period of 30 days before it becomes effective.
The plan shall be deemed approved unless disapproved by the Com-
missioner within the waiting period. Subsequent to the waiting
period, the Commissioner may disapprove the plan on the ground
that it does not meet the requirements set forth in this subsection,
but only after a hearing held upon not less than 10 days written
notice to every insurer and rating organization affected specifying
the matters to be considered at such hearing, and only by an order
specifying in what respect he finds that the plan fails to meet such
requirements, and stating when within a reasonable period there-
after the 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 the
plan shall be prepared, filed and reviewed in the same manner as
herein provided with respect to the original plan or plans.

If no plan meeting the standards set forth in this subsection is
submitted to the Commissioner within the periods stated in any
order disapproving any existing plan he shall, if necessary to carry
out the purpose of this subsection, after a hearing, prepare and
promulgate a plan meeting such requirements.

When the plan or amendments thereto have been approved or
promulgated, no insurer shall thereafter issue a policy of automobile
or motor vehicle insurance or undertake to transact such business in
this State unless such insurer shall participate in the plan to the
extent of the coverages enumerated in this subsection and as are
inclusive in any filing made by or on behalf of such insurer under
this Code. If after hearing, the Commissioner finds that any activity
or practice of any insurer or rating organization in connection with
the operation of the plan is unfair or unreasonable or otherwise
inconsistent with the provisions of this subsection he may issue a
written order specifying in what respects such activity or practice