PARRIS N. GLENDENING, Governor
Ch. 36
(D) ISSUANCE OF RENEWAL; REFUSAL TO RENEW.
(1) THE COMMISSIONER SHALL RENEW THE LICENSE OF EACH
LICENSEE WHO MEETS THE REQUIREMENTS OF THIS SECTION.
(2) IF A LICENSEE FILES AN APPLICATION FOR RENEWAL BEFORE THE
LICENSE EXPIRES, THE LICENSE SHALL REMAIN IN EFFECT UNTIL:
(I) THE COMMISSIONER ISSUES A RENEWAL LICENSE; OR
(II) 5 DAYS AFTER THE COMMISSIONER REFUSES TO RENEW THE
LICENSE AND GIVES NOTICE OF THE REFUSAL TO THE LICENSEE.
REVISOR'S NOTE: Subsections (a), (c)(2), (3), (4), and (5), and (d)(2) of this
section are new language derived without substantive change from former Art.
48A, § 182(h), the second sentence of (e) and, as it related to renewal, the
first sentence, the fourth sentence of (f), (g), as it related to renewal of
licenses, and the first sentence of (i), as it related to renewal of licenses.
Subsection (b) of this section, which provides for renewal notice, is new
language added to conform to the current practice of the Commissioner and
to similar provisions governing other State regulated occupations.
Subsection (c)(1) of this section is new language added to state expressly that
which only was implied in the former law, i.e., to renew a license the licensee
must otherwise be entitled to a license.
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 the
duty to renew the license of a qualified licensee.
In subsection (c)(2) of this section, the former reference to a "written"
application is deleted as unnecessary because the application must be "on the
form that the Commissioner provides". Similarly, the former word
"supplements" is deleted as unnecessary since the authority to require a
supplement is implicit in the authority to require use of a form. Similarly, the
requirement that the application "contain such information as [the
Commissioner] may require" is deleted as implicit in the requirement that the
application be "on the form that the Commissioner provides".
In subsection (d)(2) of this section, the former phrase "before January first of
the licensing year" is deleted as unnecessary in light of the phrase "before the
license expires".
The Insurance Article Review Committee notes, for the consideration of the
General Assembly, that the fees charged under (c)(3)(i) of this section to
applicants who are not residents of this State are often less than the fees
charged to residents.
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