PARRIS N. GLENDENING, Governor

Ch. 11

(II) THE NOTIFICATION REQUIRED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH MAY BE BY MAIL AT THE LAST KNOWN ADDRESS OF THE
INTERESTED PARTY, BUT IF SUFFICIENT INFORMATION FOR NOTIFICATION BY MAIL
IS NOT AVAILABLE, NOTIFICATION BY PUBLICATION IN A NEWSPAPER OF GENERAL
CIRCULATION IS SUFFICIENT.

(2)      THE COMMISSIONER:

(I)      AFTER NOTICE AND HEARING, MAY SUSPEND OR REVOKE THE
CERTIFICATE OF AUTHORITY OF A MEMBER INSURER THAT FAILS TO PAY AN
ASSESSMENT WHEN DUE OR FAILS TO COMPLY WITH THE PLAN OF OPERATION; OR

(II)     SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, MAY
IMPOSE A PENALTY ON A MEMBER INSURER THAT FAILS TO PAY AN ASSESSMENT
WHEN DUE.

(3)      A PENALTY IMPOSED UNDER PARAGRAPH (2)(II) OF THIS
SUBSECTION MAY NOT EXCEED 5% OF THE UNPAID ASSESSMENT PER MONTH AND
MAY NOT BE LESS THAN $100 PER MONTH.

(4)      IF THE COMMISSIONER DETERMINES THAT CLAIMS ARE BEING
HANDLED UNSATISFACTORILY, THE COMMISSIONER MAY REVOKE THE
DESIGNATION OF A PERSON AS A SERVICING FACILITY.

(C) JUDICIAL REVIEW.

A FINAL ACTION OR ORDER OF THE COMMISSIONER UNDER THIS SUBTITLE IS
SUBJECT TO JUDICIAL REVIEW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 510.

In subsection (b)(1)(ii) of this section, the phrase "where available", which
formerly modified "last known address", is deleted as surplusage.

In subsection (b)(1)(i) of this section, the former reference to "transact[ing]
insurance in this State" is deleted as unnecessary in light of the reference to a
"certificate of authority".

In subsection (b)(2)(ii) and (3) of this section, the references to a "penalty"
are substituted for the former references to a "fine" for clarity and
consistency.

In subsection (c) of this section, the former reference to judicial review "in a
court of competent jurisdiction" is deleted as implicit in the reference to
"judicial review".

Defined terms: "Certificate of authority" § 1-101
"Commissioner" § 1-101
"Corporation" § 9-301
"Insolvent insurer" § 9-301
"Insurance business" § 1-101

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