Ch. 35

1997 LAWS OF MARYLAND

(1) WITHIN 20 DAYS AFTER SERVICE OF THE CEASE AND DESIST ORDER,
THE DENTAL PLAN ORGANIZATION OR ITS REPRESENTATIVE MAY REQUEST A
HEARING TO DETERMINE WHETHER A VIOLATION OF THIS SUBTITLE HAS

OCCURRED.

(2) A HEARING UNDER THIS SUBSECTION SHALL BE CONDUCTED IN
ACCORDANCE WITH § 2-213 OF THIS ARTICLE AND IS SUBJECT TO JUDICIAL REVIEW
IN ACCORDANCE WITH § 2-215 OF THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 594.

In subsection (b)(2) of this section, the reference to "§ 2-215 of this article" is
substituted for the former reference to "that section" for accuracy. Former
Art. 48A, § 38, revised as § 2-213 of this article, does not provide for judicial
review; instead, former Art. 48A, § 40, revised as § 2-215 of this article,
provides for judicial review.

Defined terms: "Commissioner" § 1-101
"Dental plan organization" § 14-401

14-417. INJUNCTIONS.

(A) GROUNDS.

THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT
JURISDICTION OF THE STATE TO ENJOIN A DENTAL PLAN ORGANIZATION FROM
TRANSACTING ANY FURTHER BUSINESS, OR FROM TRANSFERRING OR DISPOSING
OF ITS PROPERTY, IF:

(1) THE DENTAL PLAN ORGANIZATION BECOMES INSOLVENT OR
SUSPENDS ITS ORDINARY BUSINESS FOR LACK OF FUNDS; OR

(2) THE COMMISSIONER FINDS, AS A RESULT OF AN EXAMINATION
AUTHORIZED BY THIS SUBTITLE OR IN ANY OTHER MANNER, THAT:

(I) THE DENTAL PLAN ORGANIZATION IS EXCEEDING ITS POWERS
OR IS VIOLATING THE LAW;

(II) THE CONDITION OR METHODS OF BUSINESS OF THE DENTAL
PLAN ORGANIZATION MAY RENDER THE CONTINUANCE OF ITS OPERATIONS
HAZARDOUS TO ENROLLEES OR THE PUBLIC; OR

(III) THE ASSETS OF THE DENTAL PLAN ORGANIZATION ARE LESS
THAN ITS LIABILITIES.

(B) AUTHORITY OF COURT.
THE COURT MAY:

(1) PROCEED IN THE ACTION IN A SUMMARY MANNER OR OTHERWISE;

(2) GRANT INJUNCTIVE RELIEF AND APPOINT A RECEIVER, WITH
POWER TO:

- 936 -