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Martin O'Malley, Governor H.B. 425
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(III) RESULT IN A FINAL DECISION THAT MAKES THE
DETERMINATIONS SET FORTH IN SUBSECTION (E) OF THIS SECTION.
(3) IF NO ADMINISTRATIVE HEARING IS REQUESTED IN
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION, THE DECISION
ISSUED BY THE ADMINISTRATION SHALL BECOME A FINAL DECISION.
(G) (1) A IF A PARTY RECEIVES AN ADVERSE DECISION, THE PARTY
MAY APPEAL A FINAL DECISION BY THE ADMINISTRATION OR AN
ADMINISTRATIVE LAW JUDGE UNDER THIS SECTION TO A CIRCUIT COURT IN
ACCORDANCE WITH § 2-215 OF THIS ARTICLE AND TITLE 10, SUBTITLE 2 OF
THE STATE GOVERNMENT ARTICLE.
(2) (I) THIS PARAGRAPH APPLIES ONLY IF MORE THAN ONE
PARTY RECEIVES AN ADVERSE DECISION FROM THE ADMINISTRATION.
(II) IF A PARTY REQUESTS A HEARING BEFORE THE OFFICE
OF ADMINISTRATIVE HEARINGS AND ANOTHER PARTY FILES AN APPEAL TO A
CIRCUIT COURT:
1. JURISDICTION OVER THE REQUEST FOR HEARING
IS TRANSFERRED TO THE CIRCUIT COURT;
2. THE REQUEST FOR HEARING, THE
ADMINISTRATION'S DECISION, AND THE ADMINISTRATION'S CASE FILE,
INCLUDING THE COMPLAINT, RESPONSE, AND ALL DOCUMENTS SUBMITTED TO
THE ADMINISTRATION, SHALL BE TRANSMITTED PROMPTLY TO THE CIRCUIT
COURT; AND
3. THE REQUEST FOR HEARING SHALL BE DOCKETED
IN THE CIRCUIT COURT AND CONSOLIDATED FOR TRIAL WITH THE APPEAL.
(2) (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
APPEAL TO A CIRCUIT COURT UNDER THIS SECTION SHALL BE HEARD DE NOVO.
(H) ON OR BEFORE JANUARY 1 OF EACH YEAR BEGINNING IN 2009, IN
ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE, THE
ADMINISTRATION SHALL REPORT TO THE GENERAL ASSEMBLY ON THE
FOLLOWING FOR THE PRIOR FISCAL YEAR:
(1) THE NUMBER AND TYPES OF COMPLAINTS UNDER THIS
SECTION OR § 3-1701 OF THE COURTS ARTICLE FROM INSUREDS REGARDING
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- 4693 -
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