ROBERT L. EHRLICH, JR., Governor                                Ch. 5

(4) A hearing held by the Commissioner to evaluate the financial
condition of an insurer under the risk based capital standards set out in Title 4,
Subtitle 3 of this article is not required to be open to the public.

[(b)](C) (1) The Commissioner shall allow any party to a hearing to:

(i) appear in person;

(ii) be represented:

1. by counsel; or

2. in the case of an insurer, by a designee of the insurer who:

A. is employed by the insurer in claims, underwriting, or as
otherwise provided by the Commissioner; and

B. has been given the authority by the insurer to resolve all
issues involved in the hearing;

(iii) be present while evidence is given;

(iv) have a reasonable opportunity to inspect all documentary
evidence and to examine witnesses; and

(v) present evidence.

(2) On request of a party, the Commissioner shall issue subpoenas to
compel attendance of witnesses or production of evidence on behalf of the party.

[(c)] (D) The Commissioner shall allow any person that was not an original
party to a hearing to become a party by intervention if:

(1) the intervention is timely; and

(2) the financial interests of the person will be directly and immediately
affected by an order of the Commissioner resulting from the hearing.

[(d)] (E) (1) Formal rules of pleading or evidence need not be observed at a
hearing.

(2) IN A HEARING IN WHICH THE DIVISION APPEARS, THE RIGHT TO
CROSS EXAMINE WITNESSES MAY BE EXERCISED BY;

(I) THE DIVISION; OR

(II) THE INSURER WHOSE RATE INCREASE IS THE SUBJECT OF THE
HEARING.

[(e)](F) (1) On timely written request by a party to a hearing, the
Commissioner shall have a full stenographic record of the proceedings made by a
competent reporter at the expense of that party.

(2) If the stenographic record is transcribed, a copy shall be given on
request to any other party to the hearing at the expense of that party.

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