WILLIAM DONALD SCHAEFER, Governor

(c)  (1) Except as provided in this subsection, an agent may
not solicit or take application or negotiate, procure or make any
insurance for which that agent does not then possess a valid
appointment.

(2)  An agent may, without an appointment, submit to
an insurer an informal inquiry for any kind of life insurance,
health insurance, or annuity for which the agent has a valid and
effective certificate of qualification if the insurer has a valid
and effective certificate of authority under this article for the
kind of insurance with respect to which the inquiry is made.

(3)  An agent may, without an appointment, solicit an
application for any kind of life insurance, health insurance, or
annuity for which the agent has a valid and effective certificate
of qualification if the insurer to which the application is
submitted has a valid and effective certificate of authority
under this article for the kind of insurance requested in the
application.

(4)  Within 30 days from receipt by an insurer of an
application for life insurance, health insurance, or an annuity
from an agent who does not hold a valid appointment from the
insurer, the insurer shall either reject the application in
accordance with § 234A of this article or file a written notice
of appointment with the Commissioner under § 169 of this article.

(d)  No commission, fee, reward, rebate or other
consideration for procuring or influencing the procurement of any
insurance shall be paid, directly or indirectly, to any person
who is not then qualified under this subtitle, except as to the
kinds of insurance, types of insurers and transactions exempted
from the provisions of this subtitle by §§ 165 and 171; provided,
however, that in the case of life insurance and health insurance
the provisions of this section shall not prevent the payment or
receipt of commissions on renewal premiums on existing policies
or other deferred commissions to or by any person solely because
that person has ceased to be qualified to act as agent, or broker
except as otherwise provided by this article.

(e)  Any person who violates any provision of this section
shall be guilty of a misdemeanor, and upon conviction shall be
subject to a fine of not more than $500, or imprisonment for not
more than 6 months, or both, for each violation.

(f)  This subtitle does not apply to any person employed by
an insured to administer or assist in the administration of the
insurance or risk management program of his employer, or to a
licensed insurance adviser while employed under contract by an
insured and acting on behalf of the insured, provided that such
persons are not authorized to accept any compensation from any
agent, broker or insurer, or to attorneys at law of this State OR

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