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Session Laws, 1973
Volume 709, Page 242   View pdf image
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242                                        LAWS OF MARYLAND                                Ch. 167

(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rescinded or reversed.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.] 242B.

(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 interested 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 requirements of this subtitle and shall be deemed approved.

The order shall contain specific findings of fact by the Commissioner in relation
to the matter before him, such findings to be supported by a preponderance of the
evidence on consideration of the record as a whole. Any party may file with the
Commissioner proposed findings of fact, to be accepted or rejected by the
Commissioner.

Pending such hearing and decision thereon the Commissioner may suspend or
postpone the effective date of his previous action.

Nothing contained in this subtitle shall require the observance at any hearing of
formal rules of pleading or evidence.

(2) All orders or decisions of the Commissioner shall be subject to review by
appeal to the Baltimore City court. Such an appeal shall be commenced by filing a
notice of appeal within thirty (30) days after the rendition of such order or decision
with such court and a copy of same similarly filed with the Commissioner, and if
not so commenced, the right to appeal shall no longer exist. The Commissioner
shall be made a party to every such appeal.

Upon filing of a copy of the notice of appeal with the Commissioner he shall
prepare or cause to be prepared an official record, which may be in typewritten
form, certified by him which shall contain a copy of all proceedings, the findings
and order of the Commissioner, and transcript of any testimony and exhibits or
records thereof. If no hearing was held by the Commissioner, on the matter which

 

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Session Laws, 1973
Volume 709, Page 242   View pdf image
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