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Ch. 124 2000 LAWS OF MARYLAND
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[(3)] (4) A protest filed with the Commissioner stays the proposed action
of the insurer pending a final determination by the Commissioner.
[(4)] (5) (i) The insurer shall maintain in effect the same coverage
and premium that were in effect on the day the notice of proposed action was sent to
the insured until a final determination is made, subject to the payment of any
authorized premium due or becoming due before the determination.
(ii) In the case of a premium increase, a dismissal of the protest is
deemed to be a final determination of the Commissioner 20 days after the mailing
date of the Commissioner's notice of action.
[(e)] (F) (1) Based on the information contained in the notice, the
Commissioner:
(i) shall determine whether the protest by the insured has merit;
and
(ii) either shall dismiss the protest or disallow the proposed action
of the insurer.
(2) The Commissioner shall notify the insurer and the insured of the
action of the Commissioner promptly in writing.
(3) Subject to paragraph (4) of this subsection, within 30 days after the
mailing date of the Commissioner's notice of action, the aggrieved party may request
a hearing.
(4) Except in the case of a premium increase that is consistent with the
insurer's surcharge plan as filed with the Commissioner and authorized under the
applicable provisions of Title 11 of this article, the Commissioner shall:
(i) hold a hearing within a reasonable time after the request for a
hearing; and
(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 be 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:
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- 772 -
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