3436                                        LAWS OF MARYLAND                                    Ch. 737

ORGANIZATIONS IN THIS AND OTHER STATES, AND MAY CONSULT WITH THEM
WITH RESPECT TO RATE MAKING AND THE APPLICATION OF RATING
SYSTEMS.

244Q.

UPON WRITTEN APPLICATION OF AN INSURER STATING ITS REASONS
THEREFOR, ACCOMPANIED BY THE WRITTEN CONSENT OF THE INSURED OR
PROSPECTIVE INSURED, FILED WITH AND APPROVED BY THE COMMISSIONER,
A RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE
APPLICABLE MAY BE USED AS TO ANY SPECIFIC RISK.

244R.

(A)  EACH RATING ORGANIZATION AND EVERY INSURER SUBJECT TO
THIS SUBTITLE WHICH MAKES ITS OWN RATES, SHALL PROVIDE WITHIN
THIS STATE REASONABLE MEANS WHEREBY ANY PERSON AGGRIEVED BY THE
APPLICATION OF ITS RATING SYSTEM MAY BE HEARD IN PERSON OR BY THE
PERSON'S AUTHORIZED REPRESENTATIVE ON THE PERSON'S WRITTEN
REQUEST TO REVIEW THE MANNER IN WHICH SUCH RATING SYSTEM HAS BEEN
APPLIED IN CONNECTION WITH THE INSURANCE AFFORDED THE AGGRIEVED
PERSON.

(B)  IF THE RATING ORGANIZATION OR INSURER FAILS TO GRANT OR
REJECT THE AGGRIEVED PERSON'S REQUEST WITHIN 30 DAYS AFTER IT IS
MADE, THE APPLICANT MAY PROCEED IN THE SAME MANNER AS IF THE
APPLICATION HAD BEEN REJECTED.

(C)  ANY PARTY AFFECTED BY THE ACTION OF THAT RATING
ORGANIZATION OR INSURER ON THE REQUEST MAY, WITHIN 30 DAYS AFTER
WRITTEN NOTICE OF THAT ACTION, MAKE APPLICATION, IN WRITING. FOR
AN APPEAL TO THE COMMISSIONER, SETTING FORTH THE BASIS FOR THE
APPEAL AND THE GROUNDS TO BE RELIED UPON BY THE APPLICANT.

(D)  THE COMMISSIONER SHALL REVIEW THE APPLICATION, AND IF
THE COMMISSIONER FINDS THAT THE APPLICATION IS MADE IN GOOD
FAITH, AND THAT IT SETS FORTH ON ITS FACE GROUNDS WHICH
REASONABLY JUSTIFY HOLDING A HEARING, THE COMMISSIONER SHALL
CONDUCT A HEARING HELD ON NOT LESS THAN 10 DAYS' WRITTEN NOTICE
TO THE APPLICANT AND TO THE RATING ORGANIZATION OR INSURER. THE
COMMISSIONER, AFTER HEARING, SHALL AFFIRM OR REVERSE THE ACTION.

244S.

(A)  COOPERATION AMONG RATING ORGANIZATIONS OR AMONG RATING
ORGANIZATIONS AND INSURERS IN RATE MAKING OR IN OTHER MATTERS
WITHIN THE SCOPE OF THIS SUBTITLE IS AUTHORIZED, IF THE FILINGS
RESULTING FROM THAT COOPERATION ARE SUBJECT TO ALL THE PROVISIONS
OF THIS SUBTITLE WHICH ARE APPLICABLE TO FILINGS GENERALLY.

(B)  THE COMMISSIONER MAY REVIEW THESE COOPERATIVE
ACTIVITIES AND PRACTICES, AND IF, AFTER HEARING, THE COMMISSIONER
FINDS THAT ANY ACTIVITY OR PRACTICE IS UNFAIR, UNREASONABLE, OR
OTHERWISE INCONSISTENT WITH THIS SUBTITLE, THE COMMISSIONER MAY
ISSUE A WRITTEN ORDER SPECIFYING IN WHAT RESPECTS THAT ACTIVITY