HARRY HUGHES, Governor

3081

ORGANIZATION TO CEASE AND DESIST FROM ENGAGING IN ANY ACT OR
PRACTICE IN VIOLATION OF THE PROVISIONS OF THIS SUBTITLE.

(B) WITHIN 20 DAYS AFTER SERVICE OF THE ORDER OF CEASE AND
DESIST, THE DENTAL PLAN ORGANIZATION OR ITS REPRESENTATIVE MAY
REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS OR PRACTICES IN
VIOLATION OF THIS SUBTITLE HAVE OCCURRED. THE HEARINGS SHALL BE
CONDUCTED PURSUANT TO § 38 OF THIS ARTICLE AND JUDICIAL REVIEW
SHALL BE AVAILABLE AS PROVIDED IN THAT SECTION.

595.

(A)  THE COMMISSIONER MAY INSTITUTE AN ACTION IN A COURT OF
COMPETENT JURISDICTION OF THIS STATE TO ENJOIN ANY DENTAL PLAN
ORGANIZATION FROM THE TRANSACTION OF ANY FURTHER BUSINESS, OR
FROM THE TRANSFER OR DISPOSAL OF ITS PROPERTY IN ANY MANNER, IF:

(1)  ANY DENTAL PLAN ORGANIZATION:

(I)  BECOMES INSOLVENT; OR

(II)  SUSPENDS ITS ORDINARY BUSINESS FOR WANT OF
FUNDS TO CARRY ON THE SAME; OR

(2)  THE COMMISSIONER ASCERTAINS THAT AS A RESULT OF
EXAMINATION AS AUTHORIZED BY THIS SUBTITLE, OR IN ANY OTHER
MANNER, THE DENTAL PLAN ORGANIZATION IS EXCEEDING ITS POWERS OR
VIOLATING THE LAW OR THAT ITS CONDITION OR METHODS OF BUSINESS
MAY RENDER THE CONTINUANCE OF ITS OPERATIONS HAZARDOUS TO ITS
ENROLLEES OR THE PUBLIC, OR THAT ITS ASSETS ARE LESS THAN ITS
LIABILITIES.

(B)  THE COURT MAY:

(1)  PROCEED IN THE ACTION IN A SUMMARY MANNER OR
OTHERWISE;

(2)  GRANT INJUNCTIVE RELIEF AND APPOINT A RECEIVER,
WITH POWER TO SUE FOR, COLLECT, RECEIVE, AND TAKE INTO POSSESSION
ALL THE GOODS AND CHATTELS, RIGHTS AND CREDITS, MONEYS AND
EFFECTS, LANDS AND TENEMENT, BOOKS, PAPERS, CHOSES IN ACTION,
BILLS, NOTES, AND PROPERTY OF EVERY DESCRIPTION BELONGING TO THE
DENTAL PLAN ORGANIZATION, AND SELL, CONVEY, AND ASSIGN THE SAME,
AND AUTHORIZE THE PURCHASE OF CONTINUING COVERAGE FOR ENROLLEES
UTILIZING THE REMAINING ASSETS, AND HOLD AND DISPOSE OF THE
PROCEEDS UNDER THE DIRECTIONS OF THE COURT; AND

(3)  CAUSE THE RECEIVER TO CONTINUE THE EXISTING
OPERATIONS OF THE ORGANIZATION, UNDER COURT SUPERVISION, UNTIL
THE NEXT ANNIVERSARY OF THE SUBSCRIPTION CERTIFICATES AND
CONTRACTS THEN IN FORCE.

(C)  THE DENTAL PLAN ORGANIZATION IS DEEMED INSOLVENT
WHENEVER IT IS PRESENTLY OR PROSPECTIVELY UNABLE TO FULFILL ITS
OUTSTANDING CONTRACTS AND TO MAINTAIN THE SURPLUSES REQUIRED
PURSUANT TO THIS SUBTITLE.