31.03.12.05

.05 Review of Application.

A. In General. On receipt of an application for written consent and the required accompanying information, the Commissioner shall review the application and information in accordance with this regulation to determine if the applicant should be granted written consent to engage in the business of insurance in the State.

B. Notification of NAIC Members.

(1) On receipt of an application for written consent, the Commissioner shall notify all other members of the NAIC that an application for written consent has been filed, identifying:

(a) The name, address, and Social Security number of the applicant; and

(b) The types of insurance activities to be conducted by the applicant.

(2) The Commissioner shall allow at least 30 days for other members of the NAIC to respond with any relevant information about the applicant.

C. Standard of Review.

(1) The Commissioner shall determine if:

(a) The applicant has been fully rehabilitated and no longer poses a risk or threat to insurance consumers or insurers; and

(b) The issuance of written consent to the applicant is consistent with the public interest, federal and Maryland law, and any applicable court orders.

(2) The Commissioner may grant written consent only if the mitigating circumstances clearly and substantially outweigh the seriousness of the applicant's criminal history together with any other aggravating circumstances.

(3) In reviewing an application for written consent, the factors considered by the Commissioner shall include:

(a) The interest in protecting property and the safety and welfare of consumers, businesses, and the general public;

(b) The nature and severity of the act for which the applicant was convicted;

(c) The date of the conviction;

(d) The injury or loss caused by the act for which the applicant was convicted;

(e) Whether the conviction is related to the business of insurance;

(f) Whether the applicant completed a parole or probation;

(g) Whether the applicant has been charged with, indicted for, or convicted of any other crimes;

(h) Any evidence of the applicant's rehabilitation, including:

(i) Good conduct in prison or in the community;

(ii) Counseling or psychiatric treatment received;

(iii) Acquisition of additional academic or vocational training;

(iv) Successful participation in correctional work-release programs; and

(v) The recommendation of individuals who have had the applicant under their supervision;

(i) The nature and strength of any character references;

(j) The applicant's business and personal record before and after commission of the crime;

(k) Whether and to what extent the applicant has made material false statements in an application, renewal, or other document filed with the Commissioner; and

(l) Whether and to what extent the applicant has made material false statements in applications or other documents filed with other state or federal agencies.

D. Additional Information.

(1) The Commissioner may request any additional documents or information that the Commissioner considers necessary to determine if an applicant should be granted written consent to engage in the business of insurance in Maryland.

(2) If the Commissioner requests additional documents or information, the applicant shall submit the documents or information to the Commissioner within 30 days after receiving the request.

(3) If an applicant fails to submit the requested documents or information to the Commissioner within 30 days, the application of the applicant shall be considered withdrawn.

E. Verification of Duties. The Commissioner may verify with the applicant's employer or prospective employer the duties that the applicant will be performing for the employer.