Marvin Mandel, Governor                         291

mine whether it meets the requirements set forth in this subsection
[section]. 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 Commissioner
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 [section],
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 [sec-
tion] 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 [section], after a hearing,
prepare and promulgate a plan meeting such requirements.

When the plan or amendments thereto have been approved or pro-
mulgated, 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 [section]
and as are inclusive in any filing made by or on behalf of such in-
surer 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 [sec-
tion] he may issue a written order specifying in what respects such
activity or practice is unfair or unreasonable or otherwise inconsis-
tent with the provisions of this subsection [section] and requiring
the discontinuance of such activity or practice.

(4) In addition to the requirements set forth in (3) above and
notwithstanding any provisions of the Maryland automobile insurance
plan to the contrary, no such plan may be approved or promulgated
by the Commissioner which is in conflict with or fails to meet the
following requirements:

(i) The Maryland automobile insurance plan must be in force
at all times and it shall be the duty of the Commissioner to so require
or promulgate such a plan.

(ii) Any applicant who is unable to obtain automobile or motor
vehicle insurance is to be eligible for insurance under the plan. Pro-
vided however that the plan may designate as ineligible any unli-
censed motor vehicle operator.

The plan shall designate as ineligible any private passenger auto-
mobile or motor vehicles not exceeding ¾ ton carrying capacity, to
include, but not limited to, vehicles with a pick-up body, delivery
sedan, camper, or panel truck used exclusively as a private passenger
vehicle in a damaged condition unless such damage is undergoing
restoration to completion by a business for the repair of vehicle