Ch. 106

1996 LAWS OF MARYLAND

Article - Insurance

2-201.

(e) The Commissioner may enforce the provisions of this article, and may impose
any penalty or remedy authorized by this article, against a person that is under
investigation for or charged with a violation of this article even if:

(1) [, while the investigation or charges are pending,] the person's
certificate of authority, certificate of qualification, license, or registration is [surrendered
or lapses by operation of law] NO LONGER IN EFFECT; AND

(2) THE ALLEGED VIOLATION OCCURRED NO MORE THAN 5 YEARS BEFORE
SURRENDER OR LAPSE OF THE CERTIFICATE, LICENSE, OR REGISTRATION.

2-215.

(d)     To take an appeal, a person shall file a [written notice of appeal] PETITION
FOR JUDICIAL REVIEW with the appropriate circuit court [ and a copy of the notice of
appeal with the Commissioner] within 30 days after:

(1)     the order resulting from the hearing was served on the persons entitled
to receive it;

(2)     the order of the Commissioner denying rehearing or reargument was
served on the persons entitled to receive it; or

(3)     the refusal of the Commissioner to grant a hearing.

(e)     (1) An appeal under this subtitle shall be captioned in ACCORDANCE WITH
THE MARYLAND RULES [ the name of the person filing the appeal, as appellant, versus
the Maryland Insurance Commissioner, as appellee].

(2) [In all appeals under this subtitle, the Commissioner shall be a
necessary appellee.

(3)] On application to the court, any [other] person may be added as [an
appellant or appellee] A PARTY, as the court directs, if:

(i) the financial interests of the person are or may be directly affected
by the matter on appeal; or

(ii) the person may be aggrieved by the matter on appeal.

(f)     When a [notice of appeal] PETITION FOR JUDICIAL REVIEW is filed with
the appropriate court, the court has jurisdiction over the case and shall determine
whether the filing operates as a stay of the order or action from which the appeal is taken.

(g)     (1) In an appeal of an order resulting from a hearing, [within 30 days after
a copy of the notice of appeal is filed with the Commissioner] AFTER RECEIVING A
COPY OF THE PETITION FOR JUDICIAL REVIEW AND WITHIN THE TIME SPECIFIED IN
THE MARYLAND RULES, the Commissioner shall file in the court in which the appeal is
pending:

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