Ch. 35

1997 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 213.

Defined terms: "Insurance" § 1-101
"Person" § 1-101

27-103. CEASE AND DESIST ORDERS.

(A) IN GENERAL.

(1) IF THE COMMISSIONER FINDS THAT A PERSON IN THE STATE HAS
ENGAGED OR IS ENGAGING IN AN ACT OR PRACTICE THAT IS DEFINED IN OR
PROHIBITED UNDER THIS TITLE, THE COMMISSIONER SHALL ORDER THE PERSON
TO CEASE AND DESIST FROM THE ACT OR PRACTICE.

(2) THE COMMISSIONER SHALL HOLD A HEARING BEFORE THE
COMMISSIONER ISSUES A CEASE AND DESIST ORDER UNDER THIS SUBSECTION.

(3) THE COMMISSIONER SHALL GIVE THE PERSON NOTICE OF THE
HEARING AND THE CHARGES AGAINST THE PERSON.

(B) WHEN ORDER FINAL.

THE CEASE AND DESIST ORDER IS FINAL:

(1) IF NO APPEAL IS TAKEN, WHEN THE TIME ALLOWED FOR TAKING AN
APPEAL FROM AN ORDER OF THE COMMISSIONER EXPIRES; OR

(2) IF AN APPEAL IS TAKEN, WHEN THE COURT ISSUES A FINAL
DECISION THAT AFFIRMS THE CEASE AND DESIST ORDER OR DISMISSES THE
APPEAL.

(C) COMPLIANCE WITH ORDER.

IF AN APPEAL IS TAKEN, THE COURT SHALL ISSUE ITS OWN ORDER THAT
REQUIRES COMPLIANCE WITH THE TERMS OF THE CEASE AND DESIST ORDER TO
THE EXTENT THAT THE CEASE AND DESIST ORDER IS AFFIRMED.

(D) EFFECT OF VIOLATION.

VIOLATION OF A CEASE AND DESIST ORDER ISSUED UNDER THIS SECTION IS
DEEMED TO BE AND IS PUNISHABLE AS A VIOLATION OF THIS ARTICLE.

(E) EFFECT ON OTHER LIABILITY, PENALTY, OR FORFEITURE.

A CEASE AND DESIST ORDER ISSUED UNDER THIS SECTION OR AN ORDER OF
COURT THAT ENFORCES IT DOES NOT RELIEVE ANY PERSON AFFECTED BY THE
ORDER FROM ANY OTHER LIABILITY, PENALTY, OR FORFEITURE UNDER LAW.

(F) EFFECT OF SECTION.

REGARDLESS OF WHETHER A HEARING IS SCHEDULED OR HELD OR A CEASE
AND DESIST ORDER IS ISSUED, THIS SECTION DOES NOT AFFECT OR PREVENT THE
IMPOSITION OF A PENALTY PROVIDED BY THIS ARTICLE OR OTHER LAW FOR
VIOLATION OF ANOTHER PROVISION OF THIS TITLE.

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