WILLIAM DONALD SCHAEFER, Governor                   Ch. 638

deemed to refer to the executive director, all such claims shall
be processed and resolved in accordance therewith.

(b) All persons who are as of December 31, 1972, employees
of the Unsatisfied Claim and Judgment Fund, not including members
of the board of said Fund, are hereby confirmed in the position
and classification which they hold as of December 31, 1972, as
employees of the Fund, until they retire, resign, or are removed
as provided by law.]

243H.

(a) The following types of claims [arising after January 1,
1973,] may be made against the Fund under this section subject to
the provisions of this subtitle, and to the extent that the claim
is not covered by a policy of motor vehicle liability insurance:

(1) Claims for the death of or personal injury to a
qualified person or for damage to property in excess of $100,
arising out of the ownership, maintenance or use of a motor
vehicle in this State where the identity of the motor vehicle and
of the operator and owner thereof cannot be ascertained or it is
established that the motor vehicle, at the time the accident
occurred, was in the possession of some person other than the
owner without the owner's consent and that the identity of the
person cannot be ascertained; provided that:

(i) The claimant was not, at the time of the
accident, operating or riding in an uninsured motor vehicle owned
by him OR A MEMBER OF HIS FAMILY RESIDING IN HIS HOUSEHOLD and is
not the personal representative of the person so operating or
riding in such a vehicle;

(ii) The claimant was not at the time of the
accident operating a motor vehicle in violation of an order of
suspension, cancellation, or revocation with respect to a
certificate of registration or an operator's license and is not
the personal representative OR A MEMBER OF THE FAMILY RESIDING IN
THE HOUSEHOLD of the person so operating;

(iii) The claimant has a cause of action
against the operator or owner of the motor vehicle or against the
operator who was operating the motor vehicle without the consent
of the owner of the motor vehicle; and

(iv) All reasonable efforts have been made to
ascertain the identity of the motor vehicle and of the owner and
operator thereof and either the identity of the motor vehicle and
the owner and operator thereof cannot be established, or the
identity of the operator who was operating the motor vehicle
without the owner's consent cannot be established.

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