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Session Laws, 1995
Volume 793, Page 1171   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 36

Subsection (c)(1) of this section is new language added to state expressly that
which only was implied in the former law, i.e., that to renew a certificate of
qualification the holder must otherwise be entitled to a certificate of
qualification.

Subsection (c)(2) of this section is standard language added to state expressly
that which only was implied in the former law, i.e., renewal application may be
made only on the form provided by the Commissioner.

Subsection (c)(3) of this section is new language added to provide expressly
for a renewal fee.

Subsection (d)(1) of this section is standard language added to state expressly
that which only was implied in the former law, i.e., the Commissioner has a
duty to renew the certificate of qualification of a qualified holder.

In subsection (a) of this section, the former phrase "unless prior thereto the
certificate is revoked or suspended by the Commissioner or the authority of
the agent to act is terminated" is deleted as unnecessary. A certificate of
qualification that has been suspended or revoked is not in effect and therefore
cannot be renewed. An agent without authority to act cannot renew that
authority. Similarly, in subsection (d)(2) of this section, the phrase "unless
same shall be revoked or suspended" is deleted as unnecessary.

Defined terms: "Certificate of qualification" § 8-401
"Commissioner" § 1-101
"Fraternal benefit agent" § 8-401

8-455. DENIALS, REFUSALS TO RENEW, SUSPENSIONS, AND REVOCATIONS.

(A)     DENIALS AND REFUSALS TO RENEW — GROUNDS.

THE COMMISSIONER MAY DENY OR REFUSE TO RENEW A CERTIFICATE OF
QUALIFICATION IF THE APPLICANT OR HOLDER OF THE CERTIFICATE OF
QUALIFICATION:

(1)      IN THE JUDGMENT OF THE COMMISSIONER, IS NOT TRUSTWORTHY
AND COMPETENT TO ACT AS A FRATERNAL BENEFIT AGENT;

(2)      HAS FAILED TO COMPLY WITH ANY PREREQUISITES FOR THE
ISSUANCE OR RENEWAL OF THE CERTIFICATE OF QUALIFICATION; OR

(3)      HAS VIOLATED SUBSECTION (B) OF THIS SECTION.

(B)      SUSPENSIONS AND REVOCATIONS — GROUNDS.

SUBJECT TO THE HEARING PROVISIONS OF TITLE 2 OF THIS ARTICLE, THE
COMMISSIONER MAY SUSPEND OR REVOKE A CERTIFICATE OF QUALIFICATION IF
THE HOLDER OF THE CERTIFICATE OF QUALIFICATION:

(1) HAS WILLFULLY VIOLATED THIS ARTICLE OR ANOTHER LAW OF
THE STATE THAT RELATES TO INSURANCE;

- 1171 -

 

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Session Laws, 1995
Volume 793, Page 1171   View pdf image
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