Ch. 11                                          1996 LAWS OF MARYLAND

THE COMMISSIONER MAY CONDUCT INVESTIGATIONS AND EXAMINE THE
BOOKS, RECORDS, AND ACCOUNTS OF A PERSON AT THE PERSON'S EXPENSE UNDER
THIS TITLE TO THE SAME EXTENT AS IS AUTHORIZED WITH RESPECT TO INSURERS
UNDER THIS ARTICLE.

(B)     OTHER POWERS.
THE COMMISSIONER MAY:

(1)      INVESTIGATE POSSIBLE VIOLATIONS OF THIS TITLE AND SUBPOENA
PERSONS AND DOCUMENTS THAT THE COMMISSIONER CONSIDERS APPROPRIATE IN
CONNECTION WITH THE INVESTIGATION;

(2)      REQUIRE A LICENSEE TO STOP DOING BUSINESS THROUGH A
PARTICULAR REPRESENTATIVE ON FINDING, AFTER NOTICE AND OPPORTUNITY
FOR A HEARING, THAT THE REPRESENTATIVE HAS INTENTIONALLY OR
NEGLIGENTLY MADE FALSE OR MISLEADING STATEMENTS ABOUT THE SERVICES
OFFERED BY THE LICENSEE; AND

(3)      ADOPT REGULATIONS TO ADMINISTER, CARRY OUT, OR ENFORCE
THIS TITLE.

(C)     NAMES, TRADEMARKS, EMBLEMS, AND FORMS.

(1)      THE COMMISSIONER MAY APPROVE OR DISAPPROVE THE NAME,
TRADEMARKS, EMBLEMS, AND FORMS THAT AN APPLICANT OR LICENSEE USES OR
PROPOSES TO USE IN CONNECTION WITH ITS BUSINESS.

(2)      THE COMMISSIONER SHALL APPROVE A NAME, TRADEMARK, OR
EMBLEM IF THE NAME, TRADEMARK, OR EMBLEM:

(I)       IS DISTINCTIVE;

(II)     IS NOT SIMILAR TO OR IN CONFLICT WITH THE NAME,
TRADEMARK, OR EMBLEM OF A LOCAL ORGANIZATION OR A NATIONALLY
REGISTERED OR COPYRIGHTED NAME, TRADEMARK, OR EMBLEM;

(III)    IS NOT LIKELY TO CONFUSE OR MISLEAD THE PUBLIC ABOUT
THE NATURE OR IDENTITY OF THE APPLICANT OR LICENSEE USING OR PROPOSING
TO USE THE NAME, TRADEMARK, OR EMBLEM; AND

(IV)    WILL NOT INTERFERE WITH THE TRANSACTIONS OF A
LICENSEE ALREADY OPERATING IN THE STATE.

(3)      THE COMMISSIONER MAY DISAPPROVE THE USE OF, AND ORDER
THAT THE LICENSEE STOP USING, A NAME, TRADEMARK, OR EMBLEM NOT
APPROVED UNDER PARAGRAPH (2) OF THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48B, § 5(a) and (b)(1), (3), (4) and (5).

In subsection (b)(3) of this section, the former reference to "rules" is deleted.
See the General Revisor's Note to this article.

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