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2007 Laws of Maryland
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Ch.3
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In the introductory language of subsection (d)(2) of this section, the
reference to the "Secretary" is substituted for the former reference to the
"Department" for consistency with subsection (d)(1) of this section.
In subsection (d)(5) of this section, the former reference to the
"Administrative Procedure Act" is deleted as unnecessary in light of the
more specific reference to "Title 10, Subtitle 2 of the State Government
Article". Similarly, in subsection (e)(2) of this section, the reference to
"Title 10, Subtitle 2 of the State Government Article" is substituted for the
former reference to the "Administrative Procedure Act" to state explicitly
the law governing review of the Department's decisions.
Defined terms: "Department" § 10-101
"Provider" § 10-401
"Secretary" § 10-101
"Subscriber" § 10-401
10-498. ACTIONS FOR EQUITABLE RELIEF OR DAMAGES.
(A) STANDING OF SUBSCRIBER
(1) ANY SUBSCRIBER INJURED BY A VIOLATION OF THIS SUBTITLE MAY
BRING AN ACTION FOR EQUITABLE RELIEF OR AN ACTION FOR DAMAGES IN ANY
COURT OF GENERAL JURISDICTION.
(2) IN AN ACTION DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION,
THE COURT MAY AWARD REASONABLE ATTORNEYS FEES TO A SUBSCRIBER IN
WHOSE FAVOR A JUDGMENT IS ENTERED.
(B) AUTHORITY OF DEPARTMENT.
THE DEPARTMENT MAY BRING AN ACTION FOR AN APPROPRIATE TEMPORARY
RESTRAINING ORDER OR INJUNCTION FOR A VIOLATION OF THIS SUBTITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, §§ 19 and 20(a).
In subsection (a)(1) of this section, the former reference to an "appropriate"
action is deleted as surplusage.
Also in subsection (a)(1) of this section, the former reference to an action
for "the recovery of" damages is deleted as surplusage.
Defined terms: "Department" § 10-101
"Subscriber" § 10-401
10-499. RECEIVERSHIP.
(A) IN GENERAL.
THE DEPARTMENT MAY USE THE RECEIVERSHIP PROVISIONS OF PART VIII OF
THIS SUBTITLE TO PROTECT THE INTERESTS OF SUBSCRIBERS IN:
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- 528 -
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