PARRIS N. GLENDENING, Governor                                   Ch. 36

(3) A HEARING HELD BY THE COMMISSIONER TO DETERMINE
WHETHER AN INSURER IS BEING OPERATED IN A HAZARDOUS MANNER THAT
COULD RESULT IN ITS IMPAIRMENT IS NOT REQUIRED TO BE OPEN TO THE PUBLIC
IF:

(I)       THE INSURER REQUESTS THAT THE HEARING NOT BE A
PUBLIC HEARING; AND

(II)     THE COMMISSIONER DETERMINES THAT IT IS NOT IN THE
INTEREST OF THE PUBLIC TO HOLD A PUBLIC HEARING.

(B)      RIGHTS OF PARTIES.

(1)      THE COMMISSIONER SHALL ALLOW ANY PARTY TO A HEARING TO:

(I)       APPEAR IN PERSON AND BE REPRESENTED BY COUNSEL;

(II)     BE PRESENT WHILE EVIDENCE IS GIVEN;

(III)    HAVE A REASONABLE OPPORTUNITY TO INSPECT ALL
DOCUMENTARY EVIDENCE AND TO EXAMINE WITNESSES; AND

(IV)    PRESENT EVIDENCE.

(2)      ON REQUEST OF A PARTY, THE COMMISSIONER SHALL ISSUE
SUBPOENAS TO COMPEL ATTENDANCE OF WITNESSES OR PRODUCTION OF
EVIDENCE ON BEHALF OF THE PARTY.

(C)     INTERVENTION.

THE COMMISSIONER SHALL ALLOW ANY PERSON THAT WAS NOT AN ORIGINAL
PARTY TO A HEARING TO BECOME A PARTY BY INTERVENTION IF:

(1)      THE INTERVENTION IS TIMELY; AND

(2)      THE FINANCIAL INTERESTS OF THE PERSON WILL BE DIRECTLY AND
IMMEDIATELY AFFECTED BY AN ORDER OF THE COMMISSIONER RESULTING FROM
THE HEARING.

(D)     RULES OF PLEADING OR EVIDENCE.

FORMAL RULES OF PLEADING OR EVIDENCE NEED. NOT BE OBSERVED AT A
HEARING.

(E)     RECORD OF PROCEEDINGS.

(1)      ON TIMELY WRITTEN REQUEST BY A PARTY TO A HEARING, THE
COMMISSIONER SHALL HAVE A FULL STENOGRAPHIC RECORD OF THE
PROCEEDINGS MADE BY A COMPETENT REPORTER AT THE EXPENSE OF THAT
PARTY.

(2)      IF THE STENOGRAPHIC RECORD IS TRANSCRIBED, A COPY SHALL BE
GIVEN ON REQUEST TO ANY OTHER PARTY TO THE HEARING AT THE EXPENSE OF
THAT PARTY.

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