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Session Laws, 1982
Volume 742, Page 4454   View pdf image
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4454

LAWS OF MARYLAND

Ch, 820

242B.

(2) All orders or decisions of the Commissioner shall
be subject to review by appeal to the CIRCUIT COURT FOR
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 filing of the notice of
appeal, pending the final determination of the issue, shall
act as a stay of any such ruling, order or decision, except
where such ruling, order or decision approves or permits a
filing of an insurer or rating organization.

The CIRCUIT COURT FOR Baltimore City [Court] shall hear
and decide the appeal within 60 days after the date of the
filing of the notice of appeal, and shall affirm, reverse or
modify the Commissioner's order or decision appealed from.

If the CIRCUIT COURT FOR Baltimore City [Court] finds
that the Commissioner's order or decision is not supported
by the preponderance of the evidence on consideration of the
record as a whole, or is not in accordance with law, the
court shall reverse or modify the Commissioner's order or
decision in whole or in part.

An appeal to the Court of Special Appeals may be taken
from the decision of the CIRCUIT COURT FOR Baltimore City
[Court] as in other civil cases. The Commissioner shall be
made a party to every appeal of this nature.

Article 49B - Human Relations Commission

4.

 

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Session Laws, 1982
Volume 742, Page 4454   View pdf image
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