Ch. 36

1995 LAWS OF MARYLAND

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that there appears to be an inconsistency between
subsections (c) and (d)(2) of this section. Subsection (d)(2) of this section
provides that, if the Commissioner finds that a complaint about a fraudulent
claim has merit, the Commissioner "may" refer the complaint to a law
enforcement authority. Subsection (c) of this section, however, provides that if
the Commissioner believes that a criminal violation of this article has
occurred, the Commissioner "shall" refer the alleged violation to. a law
enforcement unit. Since submitting a fraudulent claim would be a criminal
violation of this article, it appears that the Commissioner would be required to
refer a complaint about a fraudulent claim to a law enforcement unit under
subsection (c) of this section. The General Assembly may wish to consider
resolving the inconsistency between subsections (c) and (d)(2) of this section.

Defined terms: "Certificate of authority" § 1-101
"Commissioner" § 1-101
"County" § 1-101
"Insurer" § 1-101
"Person" § 1-101

2-202. DISCRIMINATION IN UNDERWRITING AND RATE-SETTING PRACTICES.

(A)     EXCLUSIVE JURISDICTION OF COMMISSIONER.

(1)      NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, THE COMMISSIONER HAS EXCLUSIVE
JURISDICTION TO ENFORCE BY ADMINISTRATIVE ACTION THE LAWS OF THE STATE
THAT RELATE TO THE UNDERWRITING OR RATE-SETTING PRACTICES OF AN
INSURER.

(2)     THE HUMAN RELATIONS COMMISSION. HAS CONCURRENT
JURISDICTION WITH THE COMMISSIONER OVER ALLEGED DISCRIMINATION ON THE
BASIS OF RACE, CREED, COLOR, OR NATIONAL ORIGIN.

(B)     POWERS OF HUMAN RELATIONS COMMISSION.

WHEN THE COMMISSIONER HAS EXCLUSIVE JURISDICTION UNDER
SUBSECTION (A) OF THIS SECTION, THE HUMAN RELATIONS COMMISSION MAY:

(1)      REFER COMPLAINTS ABOUT DISCRIMINATORY PRACTICES TO THE
COMMISSIONER;

(2)     APPEAR BEFORE THE COMMISSIONER AS A PARTY AT A HEARING
ABOUT DISCRIMINATORY PRACTICES;

(3)     MAKE RECOMMENDATIONS ABOUT DISCRIMINATORY PRACTICES
TO THE COMMISSIONER;

(4)      REPRESENT A COMPLAINANT IN PROCEEDINGS UNDER § 2-210 OF
THIS SUBTITLE; AND

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