Ch. 36

1995 LAWS OF MARYLAND

(2) (I) THE COMMISSIONER SHALL ENTER AN ORDER AFTER THE
CONCLUSION OF THE HEARING AND NO LATER THAN 60 DAYS AFTER THE END OF
THE WAITING PERIOD.

(II) THE ORDER SHALL BE ACCOMPANIED BY A WRITTEN
DECISION OF THE COMMISSIONER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW.

(E)     FINAL ORDER; REMEDIAL ACTION.

(1)     AN ORDER UNDER THIS SECTION MAY NOT BECOME FINAL EARLIER
THAN 30 DAYS AFTER IT IS ISSUED.

(2)      BEFORE AN ORDER BECOMES FINAL, AN INSURER THAT IS SUBJECT
TO THE ORDER MAY SUBMIT TO THE COMMISSIONER A PLAN TO REMEDY THE
ANTICOMPETITIVE IMPACT OF THE ACQUISITION WITHIN A REASONABLE TIME.

(3)     BASED ON THE PLAN OR OTHER INFORMATION, THE
COMMISSIONER MAY SET CONDITIONS TO BE MET WHILE THE ANTICOMPETITIVE
IMPACT IS BEING REMEDIED, AND THE ORDER VACATED OR MODIFIED.

(F)     ACQUISITION NOT CONSUMMATED.

AN ORDER UNDER THIS SECTION DOES NOT APPLY IF THE ACQUISITION IS NOT
CONSUMMATED.

(G)     VIOLATION OF CEASE AND DESIST ORDER.

A PERSON THAT VIOLATES A CEASE AND DESIST ORDER ISSUED BY THE
COMMISSIONER UNDER THIS SECTION, AFTER NOTICE AND HEARING AND ON
ORDER OF THE COMMISSIONER, IS SUBJECT TO A PENALTY NOT EXCEEDING $10,000
FOR EACH DAY OF VIOLATION OR SUSPENSION OR REVOCATION OF THE PERSON'S
CERTIFICATE OF AUTHORITY OR BOTH.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 494A(a)(3), (d)(1), (2)(i), (ii), (iii)2 and 3,
and (iv), and (3), and (e)(1) through (5).

In subsection (c)(2) of this section, the words "the Commissioner may" are
added to clarify who interpolates the percentages.

In subsection (d)(1)(i) of this section, the reference to "giv[ing] the parties
notice" of a hearing "on the proposed order" is added for clarity.

In subsection (e)(3) of this section, the term "anticompetitive impact" is
substituted for the former phrase "aspects of the acquisition causing a
violation of the standards of this section" for brevity and consistency.

In subsection (f) of this section, the defined term "certificate of authority" is
substituted for the former term "license" for consistency throughout this
article.

- 1046 -