Ch. 35

1997 LAWS OF MARYLAND

(1) THE INSURER HAS FILED A PROPOSED RATE INCREASE WITH THE
COMMISSIONER;

(2) A HEARING MAY BE REQUESTED WITH RESPECT TO THE FILING;

AND

(3) AN ORDER, HEARING, OR REFUSAL OF A HEARING BY THE
COMMISSIONER MAY BE APPEALED UNDER SUBTITLE 5 OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 244X.

In item (3) of this section, the reference to an appeal "under Subtitle 5 of this
title" is added for clarity and consistency with § 11-211(3) of this title.

Defined terms: "Commissioner" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Rate" § 11-101

11-314. REVIEW OF APPLICATION OF RATING SYSTEM.

(A) IN GENERAL.

EACH RATING ORGANIZATION AND EACH INSURER SUBJECT TO THIS
SUBTITLE THAT MAKES ITS OWN RATES SHALL PROVIDE REASONABLE MEANS
WITHIN THE STATE BY WHICH A PERSON AGGRIEVED BY THE APPLICATION OF ITS
RATING SYSTEM MAY BE HEARD IN PERSON OR BY AN AUTHORIZED
REPRESENTATIVE ON THE PERSON'S WRITTEN REQUEST TO REVIEW THE MANNER
IN WHICH THE RATING SYSTEM HAS BEEN APPLIED IN CONNECTION WITH THE
INSURANCE AFFORDED THE AGGRIEVED PERSON.

(B) FAILURE TO ACT ON REQUEST.

IF THE RATING ORGANIZATION OR INSURER FAILS TO GRANT OR REJECT THE
AGGRIEVED PERSON'S REQUEST WITHIN 30 DAYS AFTER IT IS MADE, THE
APPLICANT MAY PROCEED AS IF THE APPLICATION HAD BEEN REJECTED.

(C) APPEAL TO COMMISSIONER.

(1) WITHIN 30 DAYS AFTER WRITTEN NOTICE OF THE ACTION OF A
RATING ORGANIZATION OR INSURER ON A REQUEST FOR REVIEW, ANY PARTY
AFFECTED BY THE ACTION MAY APPLY, IN WRITING, FOR AN APPEAL TO THE
COMMISSIONER.

(2) AN APPLICATION UNDER THIS SUBSECTION SHALL SET FORTH THE
BASIS FOR THE APPEAL AND THE GROUNDS ON WHICH THE APPLICANT WILL RELY.

(D) ACTION BY COMMISSIONER.

(1) THE COMMISSIONER SHALL REVIEW THE APPLICATION FOR APPEAL.

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