Ch. 367

LAWS OF MARYLAND

(d)  An insured shall have the right to protest the proposed
action of the insurer by signing 2 copies of the notice and
sending them to the Commissioner within 30 days after [receipt]
THE DATE OF MAILING of the notice. The Commissioner shall, upon
receipt of a protest, notify the insurer of the filing of the
protest.

(e)  A protest duly filed shall stay the proposed action of
the insurer pending a final determination [thereof] by the
Commissioner, and the insurer shall [keep] MAINTAIN in [full]
force [and effect] the same coverage and premium in effect on the
day the notice of proposed change was sent until [such] THE final
determination is made, provided that any lawful premium due or
becoming due prior to [such] THE determination is paid.

(f)   [The] BASED UPON THE INFORMATION CONTAINED IN THE
NOTICE, THE Commissioner shall [make a determination from the
information contained in the notice] DETERMINE whether the
protest has merit and[, upon such a finding,] shall either
dismiss the protest or disallow the action of the insurer [and].
THE COMMISSIONER shall promptly notify the insurer and the
insured in writing of his action. [The aggrieved party, within]
WITHIN 30 days after [receipt] THE DATE OF MAILING of the
Commissioner's notice of action, THE AGGRIEVED PARTY may request
a hearing. The Commissioner shall conduct a hearing within a
reasonable time after the request and shall give not less than 10
days written notice of the time and place of the hearing. At the
hearing the insurer has the burden of proving its proposed
action to be justified, and, in doing so, may rely only upon the
reasons set forth in its notice to the insured.

(g)  The Commissioner shall issue an order within 30 days
after termination of the hearing. If the Commissioner finds the
proposed action to be justified, he shall dismiss the protest and
allow the proposed action to be taken on the later of (i) its
proposed effective date, or (ii) [20] 30 days after the date of
the determination. If the Commissioner finds the proposed action
to be unjustified, he shall disallow the action, and may, in
addition, order the insurer to pay reasonable counsel fees
incurred by the insured for representation at the hearing as he
may deem appropriate. The Commissioner may delegate the duties
and powers conferred in this section to 1 or more employees or
hearing examiners.

(h) Any party may appeal [to a court of law] the decision
of the Commissioner in accordance with § 40 of this article.

240C-1.

(a) (1) In any case where an insurer is authorized under
this article to cancel or nonrenew or increase the premiums on an
automobile liability insurance policy ISSUED IN THIS STATE TO ANY
RESIDENT OF A HOUSEHOLD AS SET FORTH IN § 240AA, under which

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