|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
Ch. 522
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(C) THE DIRECTOR IS ENTITLED TO A JUDGMENT FOR A BALANCE DUE IF THE
DIRECTOR PROVES THAT:
(1) AN AWARD WAS PAID FROM THE GUARANTY FUND ON A CLAIM
AGAINST THE REGISTRANT;
(2) THE REGISTRANT HAS NOT FULLY REIMBURSED THE GUARANTY
FUND;
(3) THE REGISTRANT RECEIVED THE NOTICE REQUIRED UNDER
SUBSECTION (B) OF THIS SECTION AND WAS PROVIDED AN OPPORTUNITY TO
PARTICIPATE IN A HEARING ON THE CLAIM;
(4) THE DIRECTOR PROPERLY GRANTED AN AWARD ON A CLAIM
AGAINST THE REGISTRANT THROUGH A FINAL ORDER, ACCORDING TO TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE; AND
(5) AN APPEAL IS NOT PENDING.
(D) THE DIRECTOR MAY REFER TO THE CENTRAL COLLECTION UNIT FOR
COLLECTION UNDER ARTICLE 19, §§ 43 THROUGH 46 OF THE CODE A DEBT OWED TO
THE DIRECTOR BY A REGISTRANT THAT IS AT LEAST 1 YEAR BEHIND IN
REIMBURSEMENT PAYMENTS TO THE CUARANTY FUND.
(E) FOR THE PURPOSE OF EXCEPTING TO A DISCHARGE OF A REGISTRANT
UNDER FEDERAL BANKRUPTCY LAW, THE DIRECTOR IS A CREDITOR OF THE
REGISTRANT FOR ALL AMOUNTS PAID FROM THE GUARANTY FUND BECAUSE OF
CLAIMS AGAINST THE REGISTRANT.
(F) (1) IF A REGISTRANT LIABLE FOR REIMBURSING THE CUARANTY FUND
UNDER THIS SECTION RECEIVES A DEMAND FOR REIMBURSEMENT AND FAILS TO
REIMBURSE THE GUARANTY FUND, THE REIMBURSEMENT AMOUNT AND ANY
ACCRUED INTEREST OR COSTS CONSTITUTE A LIEN IN FAVOR OF THE STATE ON ANY
REAL PROPERTY OF THE REGISTRANT IF THE LIEN IS RECORDED AND INDEXED AS
PROVIDED IN THIS SUBSECTION.
(2) THE LIEN IN FAVOR OF THE STATE CREATED UNDER THIS
SUBSECTION MAY NOT ATTACH TO SPECIFIC PROPERTY UNTIL THE STATE CENTRAL
COLLECTION UNIT RECORDS WRITTEN NOTICE OF THE LIEN IN THE OFFICE OF THE
CLERK OF THE COURT FOR THE COUNTY IN WHICH THE PROPERTY SUBJECT TO THE
LIEN OR ANY PART OF THE PROPERTY IS LOCATED.
(3) THE NOTICE REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION
SHALL CONTAIN;
(I) THE NAME AND ADDRESS OF THE REGISTRANT AGAINST
WHOSE PROPERTY THE LIEN EXISTS;
(II) THE AMOUNT OF THE LIEN;
(III) A DESCRIPTION OF OR REFERENCE TO THE PROPERTY SUBJECT
TO THE LIEN; AND
|
|
|
|
|
|
|
|
|
|
- 2799 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
