PARRIS N. GLENDENING, Governor

Ch. 36

3-317. SUSPENSIONS AND REVOCATIONS; REINSTATEMENT.

(A)     GROUNDS FOR SUSPENSION OR REVOCATION.

THE COMMISSIONER MAY SUSPEND OR REVOKE THE CERTIFICATE OF
QUALIFICATION OF A SURPLUS LINES BROKER:

(1)      IF THE SURPLUS LINES BROKER FAILS TO FILE THE SEMIANNUAL
STATEMENT REQUIRED BY THIS SUBTITLE;

(2)      IF THE SURPLUS LINES BROKER FAILS TO REMIT THE TAX
REQUIRED BY THIS SUBTITLE;

(3)      IF THE SURPLUS LINES BROKER FAILS TO KEEP RECORDS REQUIRED
BY THIS SUBTITLE, OR FAILS TO ALLOW THE COMMISSIONER TO EXAMINE THOSE
RECORDS;

(4)      IF THE SURPLUS LINES BROKER FAILS TO FILE OR FALSIFIES THE
AFFIDAVIT REQUIRED BY THIS SUBTITLE; OR

(5)      FOR ANY APPLICABLE GROUND FOR SUSPENDING OR REVOKING
THE CERTIFICATE OF QUALIFICATION OF AN AGENT OR BROKER UNDER THIS
ARTICLE.

(B)     REINSTATEMENT.

THE COMMISSIONER MAY NOT REINSTATE THE CERTIFICATE OF
QUALIFICATION OF A SURPLUS LINES BROKER WHOSE CERTIFICATE HAS BEEN
SUSPENDED OR REVOKED UNTIL THE BROKER PAYS ALL PENALTIES AND
DELINQUENT TAXES THAT ARE OWED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 196.

In subsection (a)(1), (2), and (3) of this section, the specific references to the
semiannual statement, taxes, and records being required by "this subtitle" are
substituted for the former general references to them being required by "law"
because in fact the semiannual statement, taxes and records are required by
provisions of this subtitle. Similarly, in subsection (a)(4) of this section, the
reference to the affidavit required by "this subtitle" is substituted for the
former specific reference to "§ 185" for consistency.

Defined term: "Commissioner" § 1-101

3-318. APPROVAL OF SURPLUS LINES INSURER.

(A) IN GENERAL.

AN INSURER MAY NOT BE APPROVED AS A SURPLUS LINES INSURER UNTIL THE
INSURER FILES EACH YEAR WITH THE COMMISSIONER:

(1) A WRITTEN REQUEST FOR APPROVAL AS A SURPLUS LINES INSURER
FOR THOSE SURPLUS LINES AUTHORIZED BY THE COMMISSIONER;

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