Maryland Code, INSURANCE 25-308
Terms Used In Maryland Code, INSURANCE 25-308
- Administrator: includes an executor and a personal representative. See
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) A monetary penalty imposed under this subsection may not exceed $1,000 for each violation or $10,000 in the aggregate.
(3) A person or self-insurance group that is assessed a monetary penalty under this subsection shall pay the penalty to the Commissioner for the use of the State.
(b) (1) After written notice and opportunity for a hearing, the Commissioner may issue an order that requires a person or self-insurance group to cease and desist from engaging in an act or practice that the Commissioner finds to be in violation of this subtitle or a regulation adopted under this subtitle.
(2) If the Commissioner finds, after notice and opportunity for a hearing, that a person or self-insurance group has violated an order issued under this subsection, the Commissioner may:
(i) impose a monetary penalty of not more than $10,000 for each violation of the order or $100,000 in the aggregate; and
(ii) suspend or revoke the authority of the self-insurance group to operate.
(c) Notwithstanding any other provision of this subtitle, after notice and opportunity for a hearing, the Commissioner may suspend or revoke the authority of a self-insurance group to operate if the Commissioner determines that the self-insurance group:
(1) is insolvent;
(2) failed to pay the special fund contribution or regulatory fee imposed on the self-insurance group;
(3) failed to comply within the time set with a provision of this subtitle, a regulation adopted under this subtitle, or a lawful order of the Commissioner;
(4) obtained its authority to operate by fraud, including making a material misrepresentation in the application for authority to operate as a self-insurance group;
(5) misappropriated, converted, illegally withheld, or refused to pay on proper demand money that has been entrusted to the self-insurance group or its administrator in its fiduciary capacity and that belongs to a member of the self-insurance group, an employee of a member, or a person entitled to payment; or
(6) for any other reason, must have its authority to operate suspended or revoked to protect the members or insureds of a self-insurance group or the public.