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Martin O'Malley, Governor
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Ch.3
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(2) THE DEPARTMENT SHALL MAKE THE DETERMINATION WITHIN 50
DAYS AFTER THE DATE OF THE NOTICE REQUIRED UNDER § 10-433(A)(2) OF THIS
SUBTITLE UNLESS EXTENDED BY THE DEPARTMENT FOR GOOD CAUSE.
(3) THE DEPARTMENT SHALL NOTIFY THE EXISTING PROVIDER, ANY
PROPOSED NEW PROVIDER, AND THE SUBSCRIBER REPRESENTATIVES IN WRITING
OF THE DETERMINATION AND THE REASONS FOR IT AND, IF APPLICABLE, THAT THE
DEPARTMENT INTENDS TO TRANSFER THE CERTIFICATE OF REGISTRATION TO THE
NEW PROVIDER
(B) STANDARD FOR APPROVAL.
THE DEPARTMENT SHALL APPROVE A SALE OR OTHER TRANSFER OF
OWNERSHIP OR CONTROL UNLESS THE DEPARTMENT DETERMINES THAT THE SALE
OR TRANSFER IS LIKELY TO HAVE AN UNREASONABLY ADVERSE EFFECT ON:
(1) THE FINANCIAL STABILITY OF THE PROVIDER; OR
(2) THE CAPACITY OF THE PROVIDER TO PERFORM CONTINUING CARE
AGREEMENT OBLIGATIONS TO SUBSCRIBERS.
(C) APPEAL OF DECISION.
(1) IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE, THE PROVIDER MAY APPEAL THE DEPARTMENTS DECISION
ON THE PROPOSED SALE OR TRANSFER
(2) A PERSON OTHER THAN THE PROVIDER MAY NOT APPEAL THE
DEPARTMENTS DECISION OR BE A PARTY IN INTEREST TO THE PROCEEDINGS.
(3) THE DEPARTMENT SHALL GIVE PROMPT NOTICE OF ANY APPEAL
AND OF ANY DECISION ISSUED ESI THE APPEAL TO THE SUBSCRIBER
REPRESENTATIVES.
(D) COMPLETION OF SALE OR TRANSFER
A SALE OR OTHER TRANSFER OF OWNERSHIP OR CONTROL SUBJECT TO THIS
SECTION AND §§ 10-432 THROUGH 10-434 OF THIS SUBTITLE MAY NOT BE
COMPLETED UNTIL 15 DAYS AFTER THE LATER OF:
(1) THE DAY THE DEPARTMENT ISSUES THE NOTICE REQUIRED UNDER
SUBSECTION (A)(3) OF THIS SECTION OF ITS DECISION TO APPROVE THE SALE OR
TRANSFER; OR
(2) IF AN APPEAL IS TAKEN UNDER SUBSECTION (C) OF THIS SECTION,
THE DAY THE ADMINISTRATIVE LAW JUDGE ISSUES A DECISION TO ALLOW THE SALE
OR TRANSFER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 11D(c), (d), (e), and (f).
In subsection (c)(1) of this section, the reference to "Title 10, Subtitle 2 of
the State Government Article" is substituted for the former reference to
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- 465 -
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