1250

LAWS OF MARYLAND

Ch. 472

on appeal from the Board.

SECTION 11. AND BE IT FURTHER ENACTED, That

Sections 40(7), 133(4), and 242B(2) of Article 48A -
Insurance Code, of the Annotated Code of Maryland (1972
Replacement Volume and 1975 Supplement) be and they are
hereby repealed and reenacted, with amendments, to read
as follows:

Article 48A — Insurance Code

40.

(7) Appeal by any party appellant or party appellee
including the Commissioner may be taken to the Court of
SPECIAL Appeals [of Maryland] from the judgment of the
Baltimore City Court or circuit court of the county, as
in other civil cases. A stay of the effectiveness of any
such judgment may be made only by order of court upon the
giving of such security as the court deems proper.

133.

(4) An appeal shall lie to the Court of SPECIAL
Appeals [of Maryland] from an order granting or refusing
rehabilitation, liquidation, or conservation, and from
every other order in delinquency proceedings having the
character of a final order as to the particular portion
of the proceedings embraced therein.

242B.

(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 30 days after the rendition of
such order or decision with such court and a copy of it
similarly filed with the Commissioner. 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 is the subject of appeal, the
Commissioner shall in like manner prepare and certify a
transcript of the files in his office pertaining to such
matter. Within 30 days after the copy of notice of
appeal was filed with the Commissioner he shall file the
official record with the court in which the appeal is
pending.

When any ruling, order or decision of the
Commissioner relates to an increase or decrease of
premiums or rate or to a change in any rating system, the