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Session Laws, 1963
Volume 671, Page 991   View pdf image (33K)
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J. MILLARD TAWES, Governor                      993

(4)   The report when so filed shall be admissible in evidence, in
any action or proceeding brought by the Commissioner against the
person examined, or against its officers or agents, of the facts stated
therein. The Commissioner and his examiners may at any time testify
and offer other proper evidence as to information secured during
the course of an examination, whether or not a written report of
the examination has at that time been either made, served, or filed
in the Commissioner's office.

(5)   The Commissioner may withhold from public inspection any
examination or investigation report for so long as he deems such
withholding to be necessary for the protection of the person examined
against unwarranted injury or to be in the public interest.

(6)   If he deems such to be in the public interest the Commissioner
may publish any such examination report or a summary thereof in
one or more newspapers in this State.

35.    Hearings.

(1)   The Commissioner may hold hearings for any purpose within
the scope of this article deemed by him to be necessary.

(2)   The Commissioner shall hold a hearing if required by any pro-
vision, or upon written demand therefor by a person aggrieved by
any act, threatened act or failure of the Commissioner to act, or by
any report, rule, regulation or order of the Commissioner (other than
an order for the holding of a hearing, or an order on hearing or pur-
suant thereto). Any such demand shall specify the grounds to be
relied upon as a basis for the relief to be demanded at the hearing,
and unless postponed by mutual consent, such hearing shall be held
within thirty (30) CONSECUTIVE CALENDAR days after receipt
by the Commissioner of demand therefor.

(3)   If within such thirty (30) day period the Commissioner does
not either (i) grant the hearing, or (ii) issue his order refusing the
hearing, as to such previous report, rule, regulation, or order as to
which such person so claims to be aggrieved, then the hearing shall
thereby be deemed to have been refused.

36.    Stay of Order Pending Hearing.

A demand for a hearing received by the Commissioner prior
to the effective date of any order issued by him or within ten (10)
days after such order is delivered, shall stay the effectiveness of
such order pending the hearing and an order made thereon, except
as to action taken or proposed (i) under an order on hearing, or
(ii) under an order based upon impairment of assets or unsound
financial condition of an insurer; and if the Commissioner after
written request therefor fails to grant a stay, the person aggrieved
may apply to the Baltimore City Court for a stay of the Commis-
sioner's proposed action.

37.    Notice of Hearing.

Not less than ten (10) days in advance the Commissioner shall
give notice of the time and place of the hearing, stating the matters
to be considered thereat. If the persons to be given notice are not
specified in the provision pursuant to which the hearing is held, the
Commissioner shall give such notice to all persons directly affected

 

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Session Laws, 1963
Volume 671, Page 991   View pdf image (33K)
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