PARRIS N. GLENDENING, Governor                                   Ch. 11

(5)      THE EXAMINATION REPORT SHALL BE TREATED AS ARE OTHER
EXAMINATION REPORTS.

(6)      AN EXAMINATION REPORT MAY NOT BE RELEASED TO THE BOARD
OF DIRECTORS BEFORE ITS RELEASE TO THE PUBLIC, BUT THIS DOES NOT EXCUSE
THE COMMISSIONER FROM THE DUTY TO COMPLY WITH SUBSECTION (D) OF THIS
SECTION.

(7)      THE COMMISSIONER SHALL NOTIFY THE BOARD OF DIRECTORS
WHEN THE EXAMINATION IS COMPLETED.

(8)      (I) THE REQUEST FOR AN EXAMINATION SHALL BE KEPT ON FILE
BY THE COMMISSIONER.

(II) A REQUEST FOR EXAMINATION MAY NOT BE OPEN TO PUBLIC
INSPECTION BEFORE THE RELEASE OF THE EXAMINATION REPORT TO THE PUBLIC,
AND SHALL BE RELEASED AT THAT TIME ONLY IF THE EXAMINATION DISCLOSES
THAT THE EXAMINED MEMBER INSURER IS UNABLE OR POTENTIALLY UNABLE TO
MEET ITS CONTRACTUAL OBLIGATIONS.

(D)     SAME - REPORT BY COMMISSIONER.

THE COMMISSIONER SHALL REPORT TO THE BOARD OF DIRECTORS WHEN THE
COMMISSIONER HAS REASONABLE CAUSE TO BELIEVE THAT A MEMBER INSURER,
EXAMINED AT THE REQUEST OF THE BOARD OF DIRECTORS, MAY BE UNABLE OR
POTENTIALLY UNABLE TO FULFILL ITS CONTRACTUAL OBLIGATIONS.

(E)     REPORTS BY BOARD.

(1)      ON A MAJORITY VOTE, THE BOARD OF DIRECTORS MAY MAKE
REPORTS AND RECOMMENDATIONS TO THE COMMISSIONER ON ANY MATTER
GERMANE TO THE SOLVENCY, LIQUIDATION, REHABILITATION, OR CONSERVATION
OF A MEMBER INSURER.

(2)      A REPORT OR RECOMMENDATION MADE UNDER THIS SUBSECTION
IS NOT A PUBLIC DOCUMENT.

(F)      RECOMMENDATIONS BY BOARD.

ON A MAJORITY VOTE, THE BOARD OF DIRECTORS MAY MAKE
RECOMMENDATIONS TO THE COMMISSIONER FOR THE DETECTION AND
PREVENTION OF INSURER IMPAIRMENTS.

(G)     REPORT BY BOARD AFTER INSURER IMPAIRMENT.

AT THE CONCLUSION OF AN INSURER IMPAIRMENT IN WHICH THE
CORPORATION CARRIED OUT ITS DUTIES OR EXERCISED ITS POWERS UNDER THIS
SUBTITLE, THE BOARD OF DIRECTORS SHALL PREPARE AND SUBMIT TO THE
COMMISSIONER A REPORT ON THE HISTORY AND CAUSES OF THE IMPAIRMENT,
BASED ON THE INFORMATION AVAILABLE TO THE CORPORATION.

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