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Session Laws, 1974
Volume 713, Page 2576   View pdf image
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2576                                         LAWS OF MARYLAND                     [Ch. 748

WHEREAS, The Insurance Commissioner of Maryland,
therefore, has a legitimate interest in maintaining the
positions of his office before the most authoritative
legal tribunal in the State of Maryland;

WHEREAS, The General Assembly of Maryland has
determined that the assurance of the legitimate interest
of the Insurance Commissioner of Maryland in maintaining
the positions of his office before the most authoritative
tribunal in the State of Maryland is vital for any
coherent and responsive implementation and elaboration of
Article 48A of the Annotated Code of Maryland (1972
Replacement Volume and 1973 Cumulative Supplement), to
the end that the general welfare of the people of
Maryland in the vital area of insurance be promoted
effectively;

WHEREAS, The General Assembly of Maryland intends to
guarantee that the Insurance Commissioner of Maryland
shall be enabled to maintain the position of his office
in any case in which his office is involved before any
tribunal in the State of Maryland, and particularly the
most authoritative thereof, the Court of Appeals of
Maryland, and to dispel any and all doubts whatsoever as
to whether the Insurance Commissioner of Maryland has the
right to appeal to the Court of Appeals of Maryland from
any adverse decision of any lower court with regard to
its review of any order or decision of the Insurance
Commissioner of Maryland; now, therefore

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 40(1), 40(7), and 242P(2) of
Article 48A — Insurance Coda, of the Annotated Code of
Maryland (1972 Replacement Volume and 1973 Supplement) be
and they are hereby repealed and re—enacted, with
amendments, to read as follows:

Article 48A — Insurance Code
40.

(1) An appeal from the Commissioner shall be taken
only from an order [on] OR hearing or with respect to a
matter [as to] which the Commissioner has refused a
hearing. Any person who was a party to such hearing, or
whose pecuniary interests are directly and immediately
affected by any such order or refusal and who is
aggrieved thereby may, within [thirty (30)] 30 days after
(i) the order has been mailed or delivered to the persons
entitled to receive [the same] IT, or (ii) the
Commissioners order denying rehearing or reargument has
been so mailed or delivered, or (iii) the Commissioner's

 

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Session Laws, 1974
Volume 713, Page 2576   View pdf image
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