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PARRIS N. GLENDENING, Governor
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Ch. 522
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(3) ANY OTHER INFORMATION REQUIRED BY THE DIRECTOR THROUGH
REGULATION.
4.5-507.
(A) ON RECEIPT OF A CLAIM, THE DIRECTOR SHALL;
(1) SEND A NOTICE OF THE CLAIM TO THE REGISTRANT THAT IS THE
SUBJECT OF THE CLAIM AT THE LAST KNOWN BUSINESS ADDRESS OF THE
REGISTRANT; AND
(2) REQUIRE THE REGISTRANT TO RESPOND TO THE CLAIM IN WRITING
WITHIN 10 DAYS OF RECEIPT OF THE NOTICE REQUIRED UNDER ITEM (1) OF THIS
SUBSECTION.
(B) (1) IF A CLAIMANT SUBMITS A FINAL JUDGMENT, A FINAL
ADMINISTRATIVE ORDER, AN ARBITRATION AWARD, OR A SETTLEMENT OR
CONCILIATION AGREEMENT, THE DIRECTOR SHALL HOLD A HEARING IF:
(I) A HEARING IS REQUESTED BY EITHER PARTY; OR
(II) THE DIRECTOR DECIDES THAT A HEARING IS NECESSARY
(2) IF A CLAIMANT SUBMITS A FINAL JUDGMENT, A FINAL
ADMINISTRATIVE ORDER, AN ARBITRATION AWARD, OR A SETTLEMENT OR
CONCILIATION AGREEMENT, THE DIRECTOR SHALL DETERMINE:
(I) THE AMOUNT OF THE ACTUAL LOSS; AND
(II) WHETHER THE CLAIM HAS BEEN PAID.
(C) (1) IF A CLAIM IS BASED ON THE CLAIMANTS INABILITY TO ACHIEVE
SERVICE OF PROCESS ON THE REGISTRANT, THE DIRECTOR SHALL HOLD A HEARING.
(2) IF A CLAIM IS BASED ON THE CLAIMANTS INABILITY TO ACHIEVE
SERVICE OF PROCESS ON THE REGISTRANT, THE DIRECTOR MUST DETERMINE;
(I) WHETHER THE CLAIMANT'S EFFORT TO SERVE PROCESS ON
THE REGISTRANT WAS REASONABLE;
(II) WHETHER THE CLAIMANT SUFFERED AN ACTUAL LOSS;
(III) THE AMOUNT OF THE ACTUAL LOSS; AND
(IV) WHETHER THE CLAIM HAS BEEN PAID.
(D) IN COLLECTING EVIDENCE REGARDING A CLAIM AGAINST THE GUARANTY
FUND, THE DIRECTOR SHALL PROVIDE NOTICE AND HOLD ALL HEARINGS
ACCORDING TO TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(E) A CLAIMANT SHALL BEAR THE BURDEN OF PROOF AT A HEARING UNDER
THIS SECTION TO ESTABLISH THE REQUIRED ELEMENTS OF A SUCCESSFUL CLAIM.
(F) IN RESPONSE TO EACH CLAIM FILED, WHEN THE DECISION OF THE
DIRECTOR IS FINAL IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
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- 2797 -
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