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Martin O'Malley, Governor
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Ch.3
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10-473. EXCLUSIVENESS OF REMEDY.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND SUBJECT TO § 10-493
OF THIS SUBTITLE, A DELINQUENCY PROCEEDING IS THE EXCLUSIVE METHOD OF
LIQUIDATING, REHABILITATING, REORGANIZING, OR CONSERVING A PROVIDER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 20A.
The former phrase "with respect to a continuing care provider" is deleted
as surplusage.
Defined terms: "Delinquency proceeding" § 10-472
"Provider" § 10-401
10-474. IMMUNITY FROM LIABILITY.
THE SECRETARY, DEPUTY SECRETARY, SPECIAL DEPUTY SECRETARY, OR ANY
PERSON ACTING AS RECEIVER IN A REHABILITATION, LIQUIDATION, OR
CONSERVATION OF A PROVIDER AS A RESULT OF A COURT ORDER SHALL HAVE THE
SAME IMMUNITY FROM LIABILITY THAT THE MARYLAND INSURANCE
COMMISSIONER DEPUTY COMMISSIONER SPECIAL DEPUTY COMMISSIONER OR ANY
PERSON ACTING AS RECEIVER IN A REHABILITATION, LIQUIDATION, OR
CONSERVATION OF AN INSURER WOULD HAVE UNDER § 5-110 OF THE COURTS
ARTICLE.
REVISOR'S NOTE: This section formerly was Art. 70B, § 20B.
The only changes are in style.
Defined terms: "Person" §§ 1-101, 10-401
"Provider" § 10-401
"Receiver" § 10-472
"Secretary" § 10-101
10-475. FEES AND COSTS.
(A) SECRETARY EXEMPT FROM FEES.
(1) THIS SUBSECTION APPLIES EVEN IF A PAPER OR INSTRUMENT IS
NOT:
(I) EXECUTED BY THE SECRETARY OR A DEPUTY, EMPLOYEE, OR
ATTORNEY OF RECORD OF THE SECRETARY; AND
(II) CONNECTED WITH THE COMMENCEMENT OF AN ACTION OR
PROCEEDING BY OR AGAINST THE SECRETARY OR WITH THE SUBSEQUENT CONDUCT
OF THE ACTION OR PROCEEDING.
(2) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE SECRETARY
MAY NOT BE REQUIRED TO PAY TO A PUBLIC OFFICER IN THE STATE A FEE FOR
FILING, RECORDING, OR ISSUING A TRANSCRIPT OR. CERTIFICATE OR FOR
AUTHENTICATING A PAPER OR INSTRUMENT THAT RELATES TO THE EXERCISE BY
THE SECRETARY OF A POWER OR DUTY OF THE SECRETARY UNDER THIS SUBTITLE.
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- 505 -
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