|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 508
|
|
|
|
|
|
|
|
|
|
ARTICLE VIII. COMMISSION RECORDS AND ENFORCEMENT.
1. THE COMMISSION SHALL PROMULGATE RULES ESTABLISHING
CONDITIONS AND PROCEDURES FOR PUBLIC INSPECTION AND COPYING OF ITS
INFORMATION AND OFFICIAL RECORDS, EXCEPT SUCH INFORMATION AND RECORDS
INVOLVING THE PRIVACY OF INDIVIDUALS AND INSURERS' TRADE SECRETS. THE
COMMISSION MAY PROMULGATE ADDITIONAL RULES UNDER WHICH IT MAY MAKE
AVAILABLE TO FEDERAL AND STATE AGENCIES, INCLUDING LAW-ENFORCEMENT
AGENCIES, RECORDS AND INFORMATION OTHERWISE EXEMPT FROM DISCLOSURE,
AND MAY ENTER INTO AGREEMENTS WITH SUCH AGENCIES TO RECEIVE OR
EXCHANGE INFORMATION OR RECORDS SUBJECT TO NONDISCLOSURE AND
CONFIDENTIALITY PROVISIONS.
2. EXCEPT AS TO PRIVILEGED RECORDS, DATA, AND INFORMATION, THE
LAWS OF ANY COMPACTING STATE PERTAINING TO CONFIDENTIALITY OR
NONDISCLOSURE SHALL NOT RELIEVE ANY COMPACTING STATE COMMISSIONER OF
THE DUTY TO DISCLOSE ANY RELEVANT RECORDS, DATA, OR INFORMATION TO THE
COMMISSION; PROVIDED, THAT DISCLOSURE TO THE COMMISSION SHALL NOT BE
DEEMED TO WAIVE OR OTHERWISE AFFECT ANY CONFIDENTIALITY REQUIREMENT;
AND FURTHER PROVIDED, THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS COMPACT, THE COMMISSION SHALL NOT BE SUBJECT TO THE COMPACTING
STATE'S LAWS PERTAINING TO CONFIDENTIALITY AND NONDISCLOSURE WITH
RESPECT TO RECORDS, DATA, AND INFORMATION IN ITS POSSESSION.
CONFIDENTIAL INFORMATION OF THE COMMISSION SHALL REMAIN CONFIDENTIAL
AFTER SUCH INFORMATION IS PROVIDED TO ANY COMMISSIONER.
3. THE COMMISSION SHALL MONITOR COMPACTING STATES FOR
COMPLIANCE WITH DULY ADOPTED BYLAWS, RULES, INCLUDING UNIFORM
STANDARDS, AND OPERATING PROCEDURES. THE COMMISSION SHALL NOTIFY ANY
NONCOMPLYING COMPACTING STATE IN WRITING OF ITS NONCOMPLIANCE WITH
COMMISSION BYLAWS, RULES, OR OPERATING PROCEDURES. IF A NONCOMPLYING
COMPACTING STATE FAILS TO REMEDY ITS NONCOMPLIANCE WITHIN THE TIME
SPECIFIED IN THE NOTICE OF NONCOMPLIANCE, THE COMPACTING STATE SHALL BE
DEEMED TO BE IN DEFAULT AS SET FORTH IN ARTICLE XIV
4. THE COMMISSIONER OF ANY STATE IN WHICH AN INSURER IS
AUTHORIZED TO DO BUSINESS, OR IS CONDUCTING THE BUSINESS OF INSURANCE,
SHALL CONTINUE TO EXERCISE THE COMMISSIONER'S AUTHORITY TO OVERSEE THE
MARKET REGULATION OF THE ACTIVITIES OF THE INSURER IN ACCORDANCE WITH
THE PROVISIONS OF THE STATE'S LAW. THE COMMISSIONER'S ENFORCEMENT OF
COMPLIANCE WITH THE COMPACT IS GOVERNED BY THE FOLLOWING PROVISIONS:
A. WITH RESPECT TO THE COMMISSIONER'S MARKET REGULATION OF A
PRODUCT OR ADVERTISEMENT THAT IS APPROVED BY OR CERTIFIED TO THE
COMMISSION, THE CONTENT OF THE PRODUCT OR ADVERTISEMENT SHALL NOT
CONSTITUTE A VIOLATION OF THE PROVISIONS, STANDARDS, OR REQUIREMENTS OF
THE COMPACT EXCEPT ON A FINAL ORDER OF THE COMMISSION, ISSUED AT THE
REQUEST OF A COMMISSIONER AFTER PRIOR NOTICE TO THE INSURER AND AN
OPPORTUNITY FOR A HEARING BEFORE THE COMMISSION.
- 2978 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
