PARRIS N. GLENDENING, Governor

Ch. 36

(18) HAS SOLICITED, PROCURED, OR NEGOTIATED INSURANCE
CONTRACTS FOR AN UNAUTHORIZED INSURER, INCLUDING CONTRACTS FOR
NONPROFIT HEALTH SERVICE PLANS, DENTAL PLAN ORGANIZATIONS, AND HEALTH
MAINTENANCE ORGANIZATIONS.

(B)     PENALTY.

INSTEAD OF OR IN ADDITION TO SUSPENDING OR REVOKING THE
CERTIFICATE OF QUALIFICATION, THE COMMISSIONER MAY IMPOSE ON THE
HOLDER OF THE CERTIFICATE OF QUALIFICATION A PENALTY OF NOT LESS THAN
$100 BUT NOT EXCEEDING $500 FOR EACH VIOLATION OF THIS ARTICLE.

(C)     RESTITUTION.

INSTEAD OF OR IN ADDITION TO SUSPENDING OR REVOKING THE
CERTIFICATE OF QUALIFICATION, THE COMMISSIONER MAY REQUIRE THAT
RESTITUTION BE MADE TO ANY CITIZEN WHO HAS SUFFERED FINANCIAL INJURY
BECAUSE OF THE VIOLATION OF THIS ARTICLE.

(D)     REINSTATEMENT.

IF THE CERTIFICATE OF QUALIFICATION IS SUSPENDED OR REVOKED UNDER
THIS SECTION, THE COMMISSIONER MAY REQUIRE THE INDIVIDUAL TO PASS AN
EXAMINATION AND FILE A NEW APPLICATION BEFORE THE CERTIFICATE OF
QUALIFICATION IS REINSTATED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 175A, 175B, 175(1) through (16) and (18),
and the second sentence of § 176(e).

As to the deletion, in subsection (a)(11) of this section, of the former word
"rule", see the General Revisor's Note to this article.

Former Art. 48A, § 175(17), which provided that the Commissioner may
refuse to renew the certificate of qualification of an agent who has not held an
appointment for more than 2 years before the date of renewal, is deleted as
unnecessary in light of § 10-115(e) of this subtitle.

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that the meaning of the term "citizen" in subsection (c) of
this section is unclear. The General Assembly may wish to clarify who is
included in the term "citizen".

Defined terms: "Agent" § 1-101
"Authorized insurer" § 1-101
"Broker" § 1-101

"Certificate of qualification" § 10-101
"Commissioner" § 1-101
"Insurance" § 1-101
"Insurance business" § 1-101
"Insurance contract" § 1-101
"Insurer" § 1-101

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