|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor Ch. 452
|
|
|
|
|
|
|
|
|
|
of subpoenas by the Insurance Commissioner.
BY repealing and reenacting, with amendments,
Article - Insurance
Section 2-203(b)
Annotated Code of Maryland
(1997 Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance
2-203.
(b) (1) A subpoena issued under this section shall be [served] SERVED:
(I) in the same manner as a subpoena of a circuit court may be
[served] SERVED; OR
(II) IN THE SAME MANNER AS A SERVICE OF PROCESS IN A CIVIL
ACTION IN A CIRCUIT COURT MAY BE SERVED.
(II) BY CERTIFIED MAIL "RESTRICTED DELIVERY".
(2) PRIOR TO FILING A COMPLAINT WITH THE CIRCUIT COURT UNDER
PARAGRAPH (3) OF THIS SUBSECTION, IF A PERSON FAILS TO COMPLY WITH A
SUBPOENA THAT THE COMMISSIONER SERVED BY CERTIFIED MAIL, THE SUBPOENA
SHALL BE REISSUED AND SERVED IN THE SAME MANNER AS A SUBPOENA OF A
CIRCUIT COURT MAY BE SERVED.
[(2)] (3) If a person fails to comply with a lawfully served subpoena, the
Commissioner immediately shall file a complaint and a copy of the subpoena and
proof of service with the circuit court for the county where the person was required to
appear or produce evidence.
[(3)] (4) On receipt of a complaint and a copy of the subpoena and proof
of service, the circuit court shall:
(i) issue an order directing compliance with the subpoena or
compelling testimony; and
(ii) impose penalties as if the person had failed to comply with a
subpoena of the court.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2002.
|
|
|
|
|
|
|
|
|
|
Approved May 16, 2002.
|
|
|
|
|
|
|
|
|
- 3681 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
