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31.02.01.00.htm 31.02.01.00. Title 31 MARYLAND INSURANCE ADMINISTRATION Subtitle 02 POWERS AND DUTIES ― HEARINGS Chapter 01 Hearings Authority: Insurance Article, §2-109 and 2-205―2-215; State Government Article, §10-206; Annotated Code of Maryland
31.02.01.01.htm 31.02.01.01. 01 Scope.. A. In General. This chapter applies to all contested case hearings:. 1) Heard by the Administration; or. 2) Delegated by the Administration to the Office of Administrative Hearings under State Government Article, §10-205, Annotated Code of Maryland.B. Except as provided in this chapter, COMAR 28.02.01 governs the conduct of a hearing before the Office of Administrative Hearings.C. Exclusions. This chapter does not apply to the consideration of rates or
31.02.01.02.htm 31.02.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Maryland Insurance Administration.. 2) "Administrative complaint" means a document that:. a) Is received by the Commissioner from any person; and. b) Alleges a violation of:. i) A law or regulation enforced by the Commissioner; or. ii) An order issued by the Commissioner.. 3) Contested Case.. a) "Contested case" has the meaning stated in Stat
31.02.01.03.htm 31.02.01.03. 03 Request for a Hearing ― In General.. A. Scope. This regulation applies to all requests for a hearing except a request for a hearing on a proposed examination report.B. A person may request a hearing under Insurance Article, §2-210(a)2) Annotated Code of Maryland, by submitting a written statement to the Commissioner, signed by the requesting person.C. Request to be Received Within 30 Days.. 1) The request shall be received by the Commissioner within 30 days of the
31.02.01.04.htm 31.02.01.04. 04 Request for a Hearing ― Proposed Examination Reports.. A. Scope. This regulation applies to a request for a hearing on a proposed examination report.. B. Proposed Examination Report.. 1) At least 30 days before filing a proposed examination report, the Commissioner shall mail a copy of the proposed examination report to the person that was examined.2) If the Commissioner intends to impose a fine or other penalty or require restitution or other remedy as a result of the fi
31.02.01.04-1.htm 31.02.01.04-1. 04-1 Delegation of Authority.. A. The Commissioner may, on a case-by-case basis, delegate to the Office the authority to:. 1) Conduct a contested case hearing; and. 2) Issue:. a) Proposed or final findings of fact;. b) Proposed or final conclusions of law;. c) Proposed or final findings of fact and conclusions of law; or. d) A proposed or final order.. B. The Commissioner may revoke all or part of a delegation of authority to the Office to preside over a hearing if:1) The case:.
31.02.01.05.htm 31.02.01.05. 05 Service of Notices, Decisions, Orders, and Other Documents.. A. The Administration or the Office shall provide notice of a hearing pursuant to State Government Article, §10-209, Annotated Code of Maryland.B. Notices, decisions, orders, and other documents issued by the Administration or the Office may be served on a person by:1) Personal delivery to the person;. 2) Mailing a copy of the document, first class, postage prepaid, to the person's address of record o
31.02.01.05-1.htm 31.02.01.05-1. 05-1 Discovery.. A. By written request served on other parties and filed with the hearing officer not later than 20 days before the scheduled hearing, a party may require any other party to produce, within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible thing:1) Relevant to the subject matter of the case; and. 2) Not privileged.. B. Unless provided by agreement of the parties, no other discovery procedure is allowed..
31.02.01.06.htm 31.02.01.06. 06 Subpoenas.. A. On request of a party, the Administration may issue subpoenas requiring the attendance and testimony of witnesses and the production, at the hearing, of any tangible items in the possession or under the control of a witness.B. Subpoena Requests.. 1) A request for a subpoena shall:. a) Be made, in writing, to the Administration; and. b) Specify the:. i) Name and full address of the person to be subpoenaed, and.
31.02.01.07.htm 31.02.01.07. 07 Conduct of Hearing ― In General.. A. Scope. This regulation applies to all hearings except a hearing on a proposed examination report.. B. A hearing conducted under this chapter shall be open to the public.. C. Parties to Contested Case Proceeding.. 1) The necessary parties to a contested case proceeding are:. a) The Administration;. b) A person against whom the Commissioner has:. i) Received an administrative complaint; or. ii) Issued a charging document, order, or notice; and.
31.02.01.08.htm 31.02.01.08. 08 Conduct of Hearing ― Proposed Examination Reports.. A. Scope. This regulation applies to a hearing on a proposed examination report.. B. Burden of Proof. At a hearing under this regulation:. 1) The proposed examination report is part of the record; and. 2) The party that requested the hearing on the proposed examination report has the burden of going forward and the burden of proving its exceptions to the proposed examination report.C. Rights of Parties..
31.02.01.09.htm 31.02.01.09. 09 Postponements.. A. At the discretion of the hearing officer, a hearing may be postponed if a written request for postponement is filed with the Administration or the Office not later than 15 days before the date of the hearing.B. A hearing may not be postponed, except for good cause, when the request for postponement is filed within 15 days of the date of the hearing.
31.02.01.09-1.htm 31.02.01.09-1. 09-1 Decision by an Administrative Law Judge.. A. Scope. This regulation applies to a contested case where the Office has been delegated authority to conduct a contested case hearing under Regulation .04-1A of this chapter.B. Contents. The administrative law judge who hears a case shall submit to the Commissioner a decision that contains whichever of the following were authorized in the Commissioner's delegation of authority to the Office for the case:
31.02.01.10.htm 31.02.01.10. 10 Default Orders.. A. This regulation does not apply to unauthorized insurers.. B. A hearing officer may issue a default order against a party other than the Administration that, after receiving proper notice, fails to appear at a hearing if:1) In a hearing arising out of a charging document, order, or notice issued by the Commissioner, the party failing to appear is the person against whom the charging document, order, or notice was issued;2) In a hearing arising o
31.02.01.10-1.htm 31.02.01.10-1. 10-1 Exceptions.. A. Scope. This regulation applies to a contested case where the Office has been delegated authority to issue proposed findings of fact, proposed conclusions of law, or a proposed order.B. On receipt of a decision that contains proposed findings of fact, proposed conclusions of law, or a proposed order, the parties affected have:1) 20 days after receipt to file exceptions to the proposed findings of fact, proposed conclusions of law, or proposed order
31.02.01.10-2.htm 31.02.01.10-2. 10-2 Final Order following Proposed Decision.. A. Scope. This regulation applies to a contested case where the Office has been delegated authority to issue proposed findings of fact, proposed conclusions of law, or a proposed order.B. Issuance. After consideration of the administrative law judge's proposed findings of fact, proposed conclusions of law, or proposed order, and any exceptions filed by the parties, the Commissioner shall issue a final orderC. Effect of Proposed Fin
31.02.01.11.htm 31.02.01.11. 11 Relief Granted in the Final Order.. A. A licensee may not be subject to an administrative penalty or to the suspension or revocation of any certificate, license, registration, or special permit held by the licensee unless a notice of agency action under State Government Article, §10-207, Annotated Code of Maryland, is issued by the Administration to the licensee.B. In the final order issued pursuant to a hearing arising out of a determination involving an admin
31.02.01.12.htm 31.02.01.12. 12 Decisions.. The hearing officer shall sign the final order following a hearing. The final order is effective when issued, unless a different date is specified in the decision. A copy of the final order shall be filed with the Administration and served on all parties to the hearing.
31.02.01.13.htm 31.02.01.13. 13 Rehearings.. A. A request for a rehearing shall be made in writing to:. 1) The Commissioner in a contested case heard by the Administration;. 2) The Commissioner in a contested case where the Office has been delegated authority to hear the contested case but the Commissioner has retained authority to issue the final order; or3) The administrative law judge in a contested case where the Office has been delegated authority to issue a final order.B. If the request is made:.
31.02.01.14.htm 31.02.01.14. 14 Mistake or Error in the Final Order.. The Administration or the Office may correct an order if, upon review, the final order was issued as a result of fraud, mistake, or inadvertence or contains a clerical error.
31.02.01.9999.htm 31.02.01.9999. Administrative History Effective date: June 2, 1997 (24:11 Md. R. 793). Regulation .03 amended as an emergency provision effective July 1, 1997 (24:17 Md. R. 1213) amended permanently effective November 17, 1997 (24:23 Md. R. 1610)Regulation .08 amended as an emergency provision effective April 13, 1998 (25:10 Md. R. 742) emergency status expired October 10, 1998 ―Chapter recodified from COMAR 09.31.18 to COMAR 31.02.01, July 1998 ―.
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