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ROBERT L. EHRLICH, JR., Governor
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Ch. 79
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at a certain time; altering the time at which the Commissioner must provide a
copy of a proposed examination report to a certain person; prohibiting the
Commissioner from adopting certain examination reports if a hearing has been
requested until after certain actions occur; altering the time at which certain
examination reports are admissible as evidence; making certain conforming
changes; and generally relating to examination reports.
BY repealing and reenacting, with amendments,
Article - Insurance
Section 2-209
Annotated Code of Maryland
(2003 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance
2-209.
(a) The Commissioner or an examiner shall make a complete report of each
examination made under § 2-205 of this subtitle or § 23-207, § 15-10B-19, or §
15-10B-20 of this article.
(b) An examination report shall contain only facts:
(1) from the books, records, or documents of the person being examined;
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or
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(2) determined from statements of individuals about the person's affairs.
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(c) (1) At least 30 days before [filing] ADOPTING a proposed examination
report [with the Commissioner], the Commissioner shall [give] PROVIDE a copy of
the proposed report to the person that was examined.
(2) If the person requests a hearing in writing within the 30-day period,
the Commissioner:
(i) shall grant a hearing on the proposed report; and
(ii) may not [file] ADOPT the proposed report until after:
1. the hearing is held; and
2. any modifications of the report that the Commissioner
considers proper are made.
(d) (1) After an examination report is [filed with] ADOPTED BY the
Commissioner, the examination report is admissible as evidence of the facts contained
in it in any action brought by the Commissioner against the person examined or an
officer or insurance producer of the person.
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- 613 -
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