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PARRIS N. GLENDENING, Governor
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Ch. 553
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(5) [(i)] The EXCEPT FOR A PREMIUM INCREASE OF 15% OR LESS FOR
THE ENTIRE POLICY. 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 OR
DISALLOWANCE OF THE PREMIUM INCREASE is deemed to be a final determination of
the Commissioner 20 days after the mailing date of the Commissioner's notice of
action.]
(G) (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, OF 15% OR LESS FOR THE ENTIRE
POLICY the ] 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.
(g) (H) (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
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- 4175 -
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