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PARRIS N. GLENDENING, Governor
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Ch. 150
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(3) A PERSON OBLIGATED TO THE CONTINUING CARE PROVIDER IN ANY
WAY, IN AN ACTION ON OR INCIDENTAL TO THE OBLIGATION.
(C) THE VENUE OF ALL DELINQUENCY PROCEEDINGS IS IN BALTIMORE CITY.
20F
(A) THE SECRETARY SHALL COMMENCE A DELINQUENCY PROCEEDING
AGAINST A CONTINUING CARE PROVIDER BY APPLYING TO THE COURT FOR AN
ORDER THAT DIRECTS THE CONTINUING CARE PROVIDER TO SHOW CAUSE WHY THE
COURT SHOULD NOT GRANT THE RELIEF REQUESTED.
(B) (1) THE COURT MAY CONSIDER AN APPLICATION FOR COMMENCEMENT
OF A DELINQUENCY PROCEEDING ONLY IF THE APPLICATION IS FILED BY THE
SECRETARY IN THE NAME OF THE STATE.
(2) AFTER A HEARING UNDER THE TERMS OF THE SHOW CAUSE ORDER,
THE COURT:
(I) SHALL GRANT OR DENY THE APPLICATION; AND
(II) MAY ORDER OTHER RELIEF AS THE NATURE OF THE CASE AND
THE INTERESTS OF THE CREDITORS, STOCKHOLDERS, MEMBERS, SUBSCRIBERS, OR
THE PUBLIC MAY REQUIRE.
20G.
(A) THE SECRETARY MAY APPLY TO THE COURT FOR AN ORDER THAT DIRECTS
THE SECRETARY TO CONSERVE OR REHABILITATE A CONTINUING CARE PROVIDER,
IF THE CONTINUING CARE PROVIDER:
(1) IS A CONTINUING CARE PROVIDER FOR WHICH THE DEPARTMENT
HAS MADE A DETERMINATION OF SIGNIFICANT RISK OF FINANCIAL FAILURE UNDER
§ 17A OF THIS SUBTITLE;
(2) HAS REFUSED TO SUBMIT TO THE SECRETARY OR A DEPUTY OR
EXAMINER OF THE SECRETARY, FOR REASONABLE EXAMINATION, ANY OF THE
PROPERTY, BOOKS, RECORDS, ACCOUNTS, OR AFFAIRS OF THE CONTINUING CARE
PROVIDER, OR OF A SUBSIDIARY OR RELATED COMPANY OF THE CONTINUING CARE
PROVIDER WITHIN THE CONTINUING CARE PROVIDER'S CONTROL;
(3) HAS CONCEALED OR REMOVED ITS ASSETS OR RECORDS;
(4) HAS WILLFULLY VIOLATED ITS CHARTER, ARTICLES OF
INCORPORATION, A STATE LAW, OR AN ORDER OF THE SECRETARY;
(5) AFTER REASONABLE NOTICE, HAS FAILED PROMPTLY AND
EFFECTIVELY TO TERMINATE THE EMPLOYMENT, STATUS, AND INFLUENCE OVER
THE MANAGEMENT OF THE CONTINUING CARE PROVIDER OF A PERSON THAT HAS
EXECUTIVE AUTHORITY IN FACT OVER THE CONTINUING CARE PROVIDER AND HAS
REFUSED TO BE EXAMINED UNDER OATH ABOUT THE AFFAIRS OF THE CONTINUING
CARE PROVIDER IN THE STATE OR ELSEWHERE;
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- 1509 -
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