PARRIS N. GLENDENING, Governor

Ch. 35

(II) GIVE WRITTEN NOTICE OF THE TIME AND PLACE OF THE
HEARING AT LEAST 10 DAYS BEFORE THE HEARING.

(5) A HEARING HELD UNDER THIS SUBSECTION SHALL BE CONDUCTED
IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(6) AT THE HEARING THE INSURER HAS THE BURDEN OF PROVING ITS
PROPOSED ACTION TO BE JUSTIFIED AND, IN DOING SO, MAY RELY ONLY ON THE
REASONS SET FORTH IN ITS NOTICE TO THE INSURED.

(F) ORDER FOLLOWING HEARING.

(1) THE COMMISSIONER SHALL ISSUE AN ORDER WITHIN 30 DAYS
AFTER THE CONCLUSION OF THE HEARING.

(2) IF THE COMMISSIONER FINDS THE PROPOSED ACTION OF THE
INSURER TO BE JUSTIFIED, THE COMMISSIONER SHALL:

(I) DISMISS THE PROTEST; AND

(II) ALLOW THE PROPOSED ACTION TO BE TAKEN ON THE LATER

OF:

1. ITS PROPOSED EFFECTIVE DATE; AND

2. 30 DAYS AFTER THE DATE OF THE DETERMINATION.

(3) IF THE COMMISSIONER FINDS THE PROPOSED ACTION TO BE
UNJUSTIFIED, THE COMMISSIONER:

(I) SHALL DISALLOW THE ACTION; AND

(II) MAY ORDER THE INSURER TO PAY REASONABLE ATTORNEY
FEES INCURRED BY THE INSURED FOR REPRESENTATION AT THE HEARING AS THE
COMMISSIONER CONSIDERS APPROPRIATE.

(G) DELEGATION BY COMMISSIONER.

THE COMMISSIONER MAY DELEGATE THE POWERS AND DUTIES OF THE
COMMISSIONER UNDER THIS SECTION TO ONE OR MORE EMPLOYEES OR HEARING
EXAMINERS.

(H) JUDICIAL REVIEW.

A PARTY TO A PROCEEDING UNDER THIS SECTION MAY APPEAL THE DECISION
OF THE COMMISSIONER IN ACCORDANCE WITH § 2-215 OF THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 240AA.

In subsection (a)(2)(ii) of this section, the reference to "Title 19, Subtitle 5" of
this article is substituted for the former reference to "§§ 539 through 541" of
former Art. 48A. Because Title 19, Subtitle 5 of this article includes several
provisions other than former Art. 48A, §§ 539 through 541, the

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