31.15.13.03

.03 Request for Exception.

A. For a situation not expressly exempted by Regulation .02A(2) of this chapter from the notice required by Insurance Article, §27-608, Annotated Code of Maryland, an insurer may apply for an exception to the notice requirement by submitting to the Commissioner at least 60 days before the date the notice is required to be sent:

(1) A written request for an exception to the notice requirement;

(2) A written explanation of why the insurer cannot reasonably comply with the notice requirement for any risk, category of risk, or line of business involved; and

(3) Any information that supports the insurer's contention that it cannot reasonably comply with the notice requirement.

B. On receipt of a request for an exception to the notice requirement, the Commissioner shall:

(1) Review the request for an exception to the notice requirement, the explanation of why the insurer cannot reasonably comply with the notice requirement, and any information accompanying the request; and

(2) Determine whether the insurer can reasonably comply with the notice requirement for any risk, category of risk, or line of business involved.

C. If the Commissioner determines that an insurer cannot reasonably comply with the notice requirement for any risk, category of risk, or line of business involved, the Commissioner shall:

(1) Grant the insurer's request for an exception to the notice requirement; and

(2) Send to the insurer a notice that:

(a) States that the insurer's request for an exception to the notice requirement has been granted;

(b) Identifies the risk, category of risk, or line of business to which the exception applies; and

(c) States the duration of the exception to the notice requirement.

D. If the Commissioner determines that an insurer can reasonably comply with the notice requirement, the Commissioner shall:

(1) Deny the insurer's request for an exception to the notice requirement; and

(2) Send to the insurer a notice that states that the insurer's request for an exception to the notice requirement has been denied.