PARRIS N. GLENDENING, Governor

Ch. 36

Defined terms: "Commissioner" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Life insurer" § 1-101
"Premium" § 1-101
"Subsidiary" § 7-101

SUBTITLE 8. ENFORCEMENT.

7-801. JURISDICTION OF STATE COURTS.

ANY PERSON THAT OBTAINS CONTROL OF A DOMESTIC INSURER IS SUBJECT
TO THE JURISDICTION OF THE COURTS OF THE STATE WITH REGARD TO ANY
ACTION, WHETHER INITIATED BY THE COMMISSIONER OR OTHERWISE, ARISING
OUT OF A VIOLATION OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 500(d).

Defined terms: "Commissioner" § 1-101
"Control" § 1-101
"Domestic insurer" § 1-101
"Person" § 1-101

7-802. ADMINISTRATIVE SANCTIONS — FOR WILLFUL VIOLATIONS.

(A)     IN GENERAL.

IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A PERSON THAT
WILLFULLY VIOLATES THIS TITLE OR ANY REGULATION ADOPTED UNDER THIS
TITLE IS SUBJECT TO A PENALTY OF $1,000 FOR THE FIRST DAY OF VIOLATION AND
$100 FOR EACH ADDITIONAL DAY THAT THE VIOLATION CONTINUES.

(B)     LIMITATION.

BEFORE IMPOSING A PENALTY UNDER THIS SUBSECTION, THE COMMISSIONER:

(1)      SHALL GIVE THE PERSON THAT ALLEGEDLY COMMITTED THE
VIOLATION NOTICE AND AN OPPORTUNITY FOR HEARING; AND

(2)      MUST FIND THAT THE PERSON WILLFULLY COMMITTED THE
VIOLATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 500(b).

In subsection (a) of this section, the phrase "is subject to a penalty" is
substituted for the former phrase "shall... forfeit to the State of Maryland" for
clarity.

Also in subsection (a) of this section, the former reference to the "authority"
conferred by this title is deleted as surplusage.

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