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2007 Laws of Maryland
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Ch.3
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SUBJECT TO ANY PROTECTIVE ORDER THAT THE COURT CONSIDERS
APPROPRIATE, INFORMATION FILED UNDER SEAL SHALL BE PROVIDED TO THE
SECRETARY.
(E) ACCESS TO DOCUMENTS AND RECORDS.
THE APPOINTED RECEIVER SHALL GIVE THE SECRETARY FULL ACCESS TO ALL
DOCUMENTS AND RECORDS RELATED TO THE CONSERVATORSHIP, REHABILITATION,
OR RECEIVERSHIP THAT ARE IN THE POSSESSION OF THE APPOINTED RECEIVER
(F) SECRETARY AS PARTY.
THE SECRETARY MAY BE A PARTY TO A CONSERVATORSHIP, REHABILITATION,
OR RECEIVERSHIP FOR WHICH THERE IS AN APPOINTED RECEIVER.
(G) NEGOTIATION FOR SALE OF ASSETS.
(1) SUBJECT TO APPROVAL OF THE COURT, THE SECRETARY MAY
NEGOTIATE FOR SALE OF ALL OR PART OF THE ASSETS OR BUSINESS OF THE
PROVIDER PLACED IN CONSERVATORSHIP, REHABILITATION, OR RECEIVERSHIP.
(2) THE APPOINTED RECEIVER:
(I) SHALL COOPERATE FULLY IN ANY SALES NEGOTIATION UNDER
PARAGRAPH (1) OF THIS SUBSECTION; AND
(II) MAY OBJECT TO THE TERMS OF A SALE OF THE ASSETS OR
BUSINESS OF THE PROVIDER THAT RESULTS FROM THE NEGOTIATION.
(3) AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE COURT
MAY LIMIT THE EFFORTS OF THE SECRETARY TO UNDERTAKE OR CONTINUE
NEGOTIATIONS FOR THE SALE OF THE ASSETS OR BUSINESS OF THE PROVIDER IF
THE NEGOTIATIONS WOULD IMPAIR THE ABILITY OF THE APPOINTED RECEIVER TO
ENGAGE IN SIMILAR NEGOTIATIONS OR DISCHARGE OTHER RESPONSIBILITIES.
(H) DISCHARGE OF APPOINTED RECEIVER.
(1) IF THE SECRETARY DETERMINES THAT AN APPOINTED RECEIVER IS
NOT ADEQUATELY DISCHARGING THE DUTIES AND RESPONSIBILITIES OF THE
POSITION, THE SECRETARY MAY FILE WITH THE COURT AN APPLICATION THAT
SEEKS TO DISCHARGE THE APPOINTED RECEIVER AND TO APPOINT THE SECRETARY
AS CONSERVATOR, REHABILITATOR, OR RECEIVER OR TO APPOINT ANOTHER
RECEIVER.
(2) IF THE SECRETARY ESTABLISHES BY A PREPONDERANCE OF THE
EVIDENCE THAT GROUNDS EXIST FOR DISCHARGE OF AN APPOINTED RECEIVER, THE
COURT SHALL GRANT THE APPLICATION OF THE SECRETARY TO DISCHARGE THE
APPOINTED RECEIVER AND TO APPOINT THE SECRETARY AS CONSERVATOR,
REHABILITATOR, OR RECEIVER OR TO APPOINT ANOTHER RECEIVER.
REVISOR'S NOTE: This section formerly was Art. 70B, § 20-I.
The only changes are in style.
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- 514 -
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