HARRY HUGHES, Governor                              3585

APPOINTEE. THE EXECUTIVE DIRECTOR MAY NOT BE CHAIRMAN OF
THE BOARD OF TRUSTEES. The board of trustees shall advise
the executive director with respect to his exercise of the
powers and duties conferred on him by this subtitle. The
board of trustees shall formulate policy for the Fund. Each
trustee who is not otherwise an officer or employee of the
State shall receive per diem compensation set by the Board
of Public Works for each day actually engaged in the
discharge of his official duties as a trustee, and each
trustee shall receive reimbursement for all necessary and
proper expenses.

243F.

(b) The executive director shall establish and
maintain reasonable and adequate reserves for the payment of
claims against the Fund. The director shall use the same
criteria as is required for use by a private insurer in
determining the amount of reserves necessary. AT LEAST
ANNUALLY, THE BOARD OF TRUSTEES SHALL REVIEW THE
REASONABLENESS AND ADEQUACY OF RESERVES.

243H.

(a)  The following types of claims arising after
January 1, 1973, may be made against the Fund under this
section subject to the provisions of this subtitle, and to
the extent that the claim is not covered by a policy of
motor vehicle liability insurance:

(3) Claims for the death of or personal injury
to a qualified person or for damage to property in excess of
$100.00 arising out of the ownership, maintenance or use of
a motor vehicle in the State and caused by an uninsured
operator or owner whose whereabouts are ascertainable for
the purpose of serving process; provided that

(vi) The claimant is ineligible to make a
claim arising from the same accident, under [§ 482A]
SUBTITLE 33 of this article, the [Motor Vehicle Security
Fund Act] MARYLAND INSURANCE GUARANTY ASSOCIATION.

(b) (1) The executive director shall, with respect to
the Fund, and the Court of Appeals shall, with respect to
the courts, promulgate rules setting forth procedural
requirements with respect to claims against the Fund filed
pursuant to this section and as a condition precedent to any
liability on the part of the Fund under this section, a
claimant shall comply with all such rules, except that
failure to comply with any rule promulgated by the executive
director with respect to the Fund may not of itself result
in a bar to recovery against the Fund. Prior to the
effective date of such rules, as a condition precedent to
any liability on the part of the Fund under this section, a
claimant shall comply with the requirements set forth in §§