Ch. 36

1995 LAWS OF MARYLAND

In subsection (d)(1) of this section, the former phrase "if claimed", which
modified "witness fees and mileage", is deleted as unnecessary in light of
subsection (d)(2) of this section.

Also in subsection (d)(1) of this section, the former reference to a "circuit"
court is deleted as unnecessary since witness fees for attending court apply to
any court. See CJ § 9-202.

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that subsection (b)(3) of this section differs from most
comparable provisions of the Code because it requires a circuit court' to
enforce a subpoena of the Commissioner rather than making enforcement by
the circuit court discretionary. Most comparable provisions of the Code make
enforcement of a subpoena issued by an administrative unit discretionary in
light of the normal prerogatives of a court. See, e.g., BOP § 16-209(a)(4), BR
§ 1-203(a), and SP § 2-110B.

The Committee also notes that it is unclear who is responsible for paying
witness fees, mileage, and expenses under subsection (d)(2)(i) of this section if
the person being examined is found not to have violated the law. Similarly, it
is unclear who is responsible for paying witness fees, mileage, and expenses
under subsection (d)(2)(ii) of this section if the Commissioner requests a
hearing. The General Assembly may wish to consider clarifying who is
responsible for payment under these circumstances.

Defined terms: "Commissioner" § 1-101
"County" § 1-101
"Person" § 1-101

2-204. ORDERS AND NOTICES.

(A)     FORM.

AN ORDER OR NOTICE OF THE COMMISSIONER MUST BE IN WRITING AND
SIGNED BY THE COMMISSIONER OR AN INDIVIDUAL AUTHORIZED BY THE
COMMISSIONER.

(B)     CONTENTS OF ORDER.

(1)     AN ORDER OF THE COMMISSIONER SHALL STATE:

(I)      ITS EFFECTIVE DATE;

(II)     ITS PURPOSE;

(III)   THE GROUNDS ON WHICH IT IS BASED; AND

(IV)   THE PROVISIONS OF THIS ARTICLE UNDER WHICH ACTION IS
OR PROPOSED TO BE TAKEN.

(2)     FAILURE TO DESIGNATE A PARTICULAR PROVISION OF THIS
ARTICLE IN ACCORDANCE WITH PARAGRAPH (1)(IV) OF THIS SUBSECTION DOES NOT
DEPRIVE THE COMMISSIONER OF THE RIGHT TO RELY ON THAT PROVISION.

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