Ch. 106

1996 LAWS OF MARYLAND

(ii) A hearing held under this section is not subject to § 10-216 of the
State Government Article.

(b) The Commissioner may delegate the responsibilities for holding hearings
under this section and under § 55 of this article to the Deputy Commissioner, an
Associate Deputy Commissioner, or an Associate Commissioner.

40.

(A) (1) An appeal from the Commissioner shall be taken only from an order or
hearing or with respect to a matter which the Commissioner has refused a hearing.

(2)     Any person who was a party to such hearing, or whose pecuniary
interests are directly and immediately affected by any such order or refusal and who is
aggrieved thereby may APPEAL FROM SUCH ORDER OR HEARING OR SUCH REFUSAL
OF A HEARING, within 30 days [after] AFTER:

(i) [the] THE order has been mailed or delivered to the persons
entitled to receive it[, or];

(ii) [the] THE Commissioner's order denying rehearing or
reargument has been so mailed or delivered [, or]; OR

(iii) [the] THE Commissioner's refusal to grant a hearing[, appeal
from such order or hearing or such refusal of a hearing].

(3)     (I) The appeal shall be taken to the Circuit Court for Baltimore City,
by filing [written notice of appeal] A PETITION FOR JUDICIAL REVIEW in such court
[and by filing a copy of such notice with the Commissioner].

(II) [However,] NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS
PARAGRAPH, in appeals from the suspension or revocation of the certificate of authority
of a domestic insurer or of the certificate of qualification of an agent or broker, or the
license of a public adjuster, or adviser, the person taking the appeal at his option, in lieu
of the Circuit Court for Baltimore City, may take the appeal to the circuit court of the
county of Maryland in which the insurer has its principal place of business or. the licensee
resides.

(4)     (I) An appeal taken pursuant to this subsection shall be captioned in
ACCORDANCE WITH THE MARYLAND RULES [the name of the person filing the appeal,
as the party appellant, versus the Insurance Commissioner of the State of Maryland, as
the party appellee. In all such appeals, the Commissioner shall be a necessary party
appellee].

(II) In addition to the person filing the appeal and the Commissioner,
any other person whose pecuniary interests are or may be directly and immediately
affected by the matter on appeal, or who may be aggrieved thereby, upon application to
the court, may be deemed an additional party [appellant or appellee], as the court
directs.

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