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PARRIS N. GLENDENING, Governor
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S.B. 798
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(c) (1) At least 30 days before filing a proposed examination report with the
Commissioner, the Commissioner shall give a copy of the proposed report to the
person that was examined.
(2) If the person requests a hearing in writing within the 30-day period,
the Commissioner:
(i) shall grant a hearing on the proposed report; and
(ii) may not file the proposed report until after:
1. the hearing is held; and
2. any modifications of the report that the Commissioner
considers proper are made.
(d) (1) After an examination report is filed with the Commissioner, the
examination report is admissible as evidence of the facts contained in it in any action
brought by the Commissioner against the person examined or an officer or agent of
the person.
(2) Regardless of whether a written examination report has been made,
served, or filed with the Commissioner, the Commissioner or an examiner may testify
and offer other proper evidence about information obtained during an examination.
(e) The Commissioner may withhold an examination or investigation report
from public inspection for as long as the Commissioner considers the withholding to
be:
(1) necessary to protect the person examined from unwarranted injury;
or
(2) in the public interest.
(f) If the Commissioner considers it to be in the public interest, the
Commissioner may publish an examination report or a summary of it in a newspaper
in the State.
(g) (1) Subject to paragraph (2) of this subsection, the Commissioner may
disclose a preliminary examination report, investigation report, or any other matter
related to an examination made under § 2-205 or § 2-206 of this subtitle or § 23-207
OR § 15-10B-19 of this article only to the insurance regulatory agency of another state
or to a federal, State, local, or other law enforcement agency.
(2) A disclosure may be made under paragraph (1) of this subsection only
if:
(i) the disclosure is made for regulatory, law enforcement, or
prosecutorial purposes;
(ii) the agency receiving the disclosure agrees in writing to keep the
disclosure confidential and in a manner consistent with this section; and
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- 4157 -
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