PARRIS N. GLENDENING, Governor

Ch. 35

(I) SHALL BE CERTIFIED BY THE COMMISSIONER;

(II) SHALL INCLUDE A COPY OF:

1. ALL PROCEEDINGS;

2, THE FINDINGS AND ORDER OF THE COMMISSIONER; AND

3, A TRANSCRIPT OF ANY TESTIMONY AND EXHIBITS OR

RECORDS; AND

(III) MAY BE IN TYPEWRITTEN FORM.

(3) IF A HEARING WAS NOT HELD BY THE COMMISSIONER ON THE
MATTER THAT IS THE SUBJECT OF THE APPEAL, THE COMMISSIONER SHALL
PREPARE AND CERTIFY A TRANSCRIPT OF THE FILES IN THE OFFICE OF THE
COMMISSIONER RELATING TO THE MATTER.

(4) WITHIN 30 DAYS AFTER A COPY OF THE NOTICE OF APPEAL IS FILED
WITH THE COMMISSIONER, THE COMMISSIONER SHALL FILE THE OFFICIAL RECORD
WITH THE CIRCUIT COURT FOR BALTIMORE CITY.

(D) STAY OF DECISION.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
FILING OF THE NOTICE OF APPEAL ACTS AS A STAY OF A RULING, ORDER, OR
DECISION OF THE COMMISSIONER PENDING THE FINAL DETERMINATION OF THE
ISSUE IF THE RULING, ORDER, OR DECISION RELATES TO AN INCREASE OR
DECREASE OF PREMIUMS OR RATE OR TO A CHANGE IN A RATING SYSTEM.

(2) PARAGRAPH (1) DOES NOT APPLY IF THE RULING, ORDER, OR
DECISION APPROVES OR ALLOWS A FILING OF AN INSURER OR RATING
ORGANIZATION.

(E) ACTION BY COURT.

(1) WITHIN 60 DAYS AFTER THE DATE OF THE FILING OF A NOTICE OF
APPEAL, THE CIRCUIT COURT FOR BALTIMORE CITY SHALL:

(I) HEAR AND DECIDE THE APPEAL; AND

(II) AFFIRM, REVERSE, OR MODIFY THE ORDER OR DECISION OF
THE COMMISSIONER FROM WHICH THE APPEAL IS TAKEN.

(2) THE CIRCUIT COURT FOR BALTIMORE CITY SHALL REVERSE OR
MODIFY THE ORDER OR DECISION OF THE COMMISSIONER WHOLLY OR PARTLY IF
THE COURT FINDS THAT THE ORDER OR DECISION:

(I) IS NOT SUPPORTED BY THE PREPONDERANCE OF THE
EVIDENCE ON CONSIDERATION OF THE RECORD AS A WHOLE; OR

(II) IS NOT IN ACCORDANCE WITH LAW.

(F) APPEAL TO COURT OF SPECIAL APPEALS.

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