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PARRIS N. GLENDENING, Governor
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Ch. 150
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TO A CONTINUING CARE PROVIDER IS THE EXCLUSIVE METHOD OF LIQUIDATING,
REHABILITATING, REORGANIZING, OR CONSERVING THE CONTINUING CARE
PROVIDER
20B.
THE SECRETARY, DEPUTY SECRETARY, SPECIAL DEPUTY SECRETARY, OR ANY
PERSON ACTING AS RECEIVER IN A REHABILITATION, LIQUIDATION, OR
CONSERVATION OF A CONTINUING CARE PROVIDER AS A RESULT OF A COURT ORDER
SHALL HAVE THE SAME IMMUNITY FROM LIABILITY THAT THE INSURANCE
COMMISSIONER, DEPUTY COMMISSIONER, SPECIAL DEPUTY COMMISSIONER, OR ANY
PERSON ACTING AS RECEIVER IN A REHABILITATION, LIQUIDATION, OR
CONSERVATION OF AN INSURER WOULD HAVE UNDER § 5-410 OF THE COURTS
ARTICLE.
20C.
(A) (1) THIS SUBSECTION APPLIES EVEN IF A PAPER OR INSTRUMENT IS
NOT:
(I) EXECUTED BY THE SECRETARY OR A DEPUTY, EMPLOYEE, OR
ATTORNEY OF RECORD OF THE SECRETARY; AND
(II) CONNECTED WITH THE COMMENCEMENT OF AN ACTION OR
PROCEEDING BY OR AGAINST THE SECRETARY OR WITH THE SUBSEQUENT CONDUCT
OF THE ACTION OR PROCEEDING.
(2) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE SECRETARY
MAY NOT BE REQUIRED TO PAY TO A PUBLIC OFFICER IN THE STATE A FEE FOR
FILING, RECORDING, OR ISSUING A TRANSCRIPT OR CERTIFICATE OR FOR
AUTHENTICATING A PAPER OR INSTRUMENT THAT RELATES TO THE EXERCISE BY
THE SECRETARY OF A POWER OR DUTY OF THE SECRETARY UNDER THIS SUBTITLE.
(B) (1) THE SECRETARY OR DEPUTY SECRETARY, WHEN ACTING AS
RECEIVER OR ANCILLARY RECEIVER UNDER THIS SUBTITLE, SHALL PAY ALL COURT
COSTS OUT OF THE ASSETS OF THE CONTINUING CARE PROVIDER BEFORE ANY
DISTRIBUTION TO CREDITORS OR TERMINATION OF REHABILITATION.
(2) IN ALL CASES, COURT COSTS AND THOSE SPECIFIED IN SUBSECTION
(A) OF THIS SECTION SHALL:
(I) BE CHARGED IN THE ACCOUNTS OF THE SECRETARY TO THE
COURT; OR
(II) BE PAID BY THE CONTINUING CARE PROVIDER AS A CONDITION
OF TERMINATION OF THE ACTION OR PROCEEDING.
20D.
(A) (1) IN A DELINQUENCY PROCEEDING IN WHICH THE SECRETARY HAS
BEEN APPOINTED RECEIVER, THE SECRETARY MAY:
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- 1507 -
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