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PARRIS N. GLENDENING, Governor S.B. 179
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(ii) give written notice of the time and place of the hearing at least
10 days before the hearing.
(5) A hearing held under this subsection shall be conducted in
accordance with Title 10, Subtitle 2 of the State Government Article.
(6) At the hearing the insurer has the burden of proving its proposed
action to he justified and, in doing so, may rely only on the reasons set forth in its
notice to the insured.
[(f)] (G) (1) The Commissioner shall issue an order within 30 days after the
conclusion of the hearing.
(2) If the Commissioner finds the proposed action of the insurer to be
justified, the Commissioner shall:
(i) dismiss the protest; and
(ii) allow the proposed action to be taken on the later of:
1. its proposed effective date; and
2. 30 days after the date of the determination.
(3) If the Commissioner finds the proposed action to be unjustified, the
Commissioner:
(i) shall disallow the action; and
(ii) may order the insurer to pay reasonable attorney fees incurred
by the insured for representation at the hearing as the Commissioner considers
appropriate.
[(g)] (H) The Commissioner may delegate the powers and duties of the
Commissioner under this section to one or more employees or hearing examiners,
[(h)] (I) A party to a proceeding under this section may appeal the decision of
the Commissioner in accordance with § 2-215 of this article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2000.
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May 18, 2000
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 179 - Workers' Compensation - Calculation of Hearing Loss.
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- 3745 -
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