Ch. 36

1995 LAWS OF MARYLAND

2-209. REPORTS OF EXAMINATIONS AND INVESTIGATIONS.

(A)     REQUIRED FOR EXAMINATIONS.

THE COMMISSIONER OR AN EXAMINER SHALL MAKE A COMPLETE REPORT OF
EACH EXAMINATION MADE UNDER § 2-205 OF THIS SUBTITLE AND § XX-XXX [48A §
486B] OF THIS ARTICLE.

(B)      CONTENTS OF EXAMINATION REPORT.

AN EXAMINATION REPORT SHALL CONTAIN ONLY FACTS:

(1)      FROM THE BOOKS, RECORDS, OR DOCUMENTS OF THE PERSON
BEING EXAMINED; OR

(2)      DETERMINED FROM STATEMENTS OF INDIVIDUALS ABOUT THE
PERSON'S AFFAIRS.

(C)      PROCEDURES BEFORE FILING PROPOSED REPORT.

(1)      AT LEAST 30 DAYS BEFORE FILING A PROPOSED EXAMINATION
REPORT WITH THE COMMISSIONER, THE COMMISSIONER SHALL GIVE A COPY OF
THE PROPOSED REPORT TO THE PERSON THAT WAS EXAMINED.

(2)      IF THE PERSON REQUESTS A HEARING IN WRITING WITHIN THE
30-DAY PERIOD, THE COMMISSIONER:

(I)       SHALL GRANT A HEARING ON THE PROPOSED REPORT; AND

(II)     MAY NOT FILE THE PROPOSED REPORT UNTIL AFTER:

1.        THE HEARING IS HELD; AND

2.        ANY MODIFICATIONS OF THE REPORT THAT THE
COMMISSIONER CONSIDERS PROPER ARE MADE.

(D)     ADMISSIBILITY OF REPORT AS EVIDENCE.

(1)      AFTER AN EXAMINATION REPORT IS FILED WITH THE
COMMISSIONER, THE EXAMINATION REPORT IS ADMISSIBLE AS EVIDENCE' OF THE
FACTS CONTAINED IN IT IN ANY ACTION BROUGHT BY THE COMMISSIONER
AGAINST THE PERSON EXAMINED OR AN OFFICER OR AGENT OF THE PERSON.

(2)      REGARDLESS OF WHETHER A WRITTEN EXAMINATION REPORT HAS
BEEN MADE, SERVED, OR FILED WITH THE COMMISSIONER, THE COMMISSIONER OR
AN EXAMINER MAY TESTIFY AND OFFER OTHER PROPER EVIDENCE ABOUT
INFORMATION OBTAINED DURING AN EXAMINATION.

(E)     WITHHOLDING REPORT FROM PUBLIC INSPECTION.

THE COMMISSIONER MAY WITHHOLD AN EXAMINATION OR INVESTIGATION
REPORT FROM PUBLIC INSPECTION FOR AS LONG AS THE COMMISSIONER
CONSIDERS THE WITHHOLDING TO BE:

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