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Statutes Text

Article - Insurance


    (a)    (1)    The Commissioner may hold hearings that the Commissioner considers necessary for any purpose under this article.

        (2)    The Commissioner shall hold a hearing:

            (i)    if required by any provision of this article; or

            (ii)    except as otherwise provided in this article, on written demand by a person aggrieved by any act of, threatened act of, or failure to act by the Commissioner or by any report, regulation, or order of the Commissioner, except an order to hold a hearing or an order resulting from a hearing.

    (b)    (1)    A demand for a hearing shall state the grounds for the relief to be demanded at the hearing.

        (2)    Within 30 consecutive days after receiving a demand for a hearing, the Commissioner shall:

            (i)    grant and, unless postponed by mutual consent of the parties, hold the hearing; or

            (ii)    issue an order refusing the hearing.

        (3)    If the Commissioner does not grant or refuse a hearing within the 30–day period, the hearing is deemed to have been refused.

    (c)    (1)    Except as provided in paragraph (2) of this subsection, a hearing held under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases).

        (2)    A hearing held under this section is not subject to § 10–216 of the State Government Article.

    (d)    The Commissioner may delegate to the Deputy Commissioner, an associate deputy commissioner, an associate commissioner, or one other Administration employee who is designated by the Commissioner and admitted to the practice of law in the State the responsibility for holding a hearing under this section or § 4–114 of this article.