PARRIS N. GLENDENING, Governor

Ch. 35

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 215(a), (c) through (f), and the first sentence
of (b).

In subsections (b)(2) and (c) of this section, the references to a "cease and
desist" order are substituted for the former references to the
"Commissioner's" order for clarity and consistency throughout this section.
Similarly, in subsections (d) and (f) of this section, the references to a "cease
and" desist order are substituted for the former references to "such" desist
order.

In subsection (e) of this section, the former word "absolve" is deleted as
unnecessary in light of the word "relieve".

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

27-104. PROCEDURES FOR PRACTICES NOT EXPRESSLY DEFINED.

(A) REPORT REQUIRED.

IF THE COMMISSIONER BELIEVES THAT A PERSON ENGAGED IN THE
INSURANCE BUSINESS IS ENGAGING IN THE STATE IN A METHOD OF COMPETITION
OR IN AN ACT OR PRACTICE IN THE CONDUCT OF INSURANCE BUSINESS THAT,
ALTHOUGH NOT DEFINED IN THIS TITLE, IS AN UNFAIR METHOD OF COMPETITION
OR AN UNFAIR OR DECEPTIVE ACT OR PRACTICE AND THAT A PROCEEDING BY THE
COMMISSIONER WITH RESPECT TO THE METHOD OF COMPETITION, ACT, OR
PRACTICE WOULD BE IN THE PUBLIC INTEREST, THE COMMISSIONER SHALL:

(1) GIVE THE PERSON NOTICE OF THE HEARING AND THE CHARGES
AGAINST THE PERSON;

(2) HOLD THE HEARING;

(3) MAKE A WRITTEN REPORT OF THE COMMISSIONER'S FINDINGS OF
FACT ABOUT THE CHARGES; AND

(4) SERVE A COPY OF THE REPORT ON THE PERSON AGAINST WHOM
THE CHARGES WERE BROUGHT AND ANY INTERVENOR AT THE HEARING.

(B) INJUNCTION OR RESTRAINING ORDER.

(1) IF THE REPORT CHARGES A VIOLATION OF THIS TITLE AND THE
UNFAIR METHOD OF COMPETITION OR UNFAIR OR DECEPTIVE ACT OR PRACTICE
CONTINUES, THE COMMISSIONER, THROUGH THE ATTORNEY GENERAL, AFTER
SERVICE OF THE REPORT, MAY BRING AN ACTION TO ENJOIN AND RESTRAIN THE
PERSON FROM ENGAGING IN THE METHOD OF COMPETITION, ACT, OR PRACTICE.

(2) THE COMMISSIONER'S REPORT AND FINDINGS, ALL EVIDENCE
TAKEN IN THE HEARING, AND, IF A STENOGRAPHIC RECORD OF THE PROCEEDINGS
IN THE HEARING BEFORE THE COMMISSIONER WAS MADE, A CERTIFIED
TRANSCRIPT OF THE HEARING SHALL BE RECEIVED IN EVIDENCE IN AN ACTION
UNDER THIS SUBSECTION.

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