The Commissioner may bring an action in a court of competent jurisdiction to enforce this article or an order issued by the Commissioner under this article. The Commissioner shall be represented by the Attorney General, an assistant Attorney General, or another attorney at law designated by the Attorney General. Whenever the Commissioner believes that a person has committed a violation of this article for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to: the State’s Attorney for the county where the violation allegedly occurred or the person resides; or the Attorney General, if the alleged violation is statewide and not local in nature. The Commissioner may investigate any complaint that alleges that a fraudulent claim has been submitted to an insurer. If the Commissioner finds that a complaint has merit, the Commissioner may refer the complaint to an appropriate law enforcement authority, including the Attorney General, for appropriate action. The Commissioner may enforce the provisions of this article, and may impose any penalty or remedy authorized by this article, against a person that is under investigation for or charged with a violation of this article if: the person’s certificate of authority, certificate of qualification, license, or registration is no longer in effect; and the alleged violation occurred no more than 5 years before surrender or lapse of the certificate, license, or registration.

Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Commissioner has exclusive jurisdiction to enforce by administrative action the laws of the State that relate to the underwriting or rate–setting practices of an insurer. The Commission on Civil Rights has concurrent jurisdiction with the Commissioner: over alleged discrimination on the basis of race, creed, color, or national origin; and for the enforcement of § 15–1A–22 of this article. When the Commissioner has exclusive jurisdiction under subsection (a) of this section, the Commission on Civil Rights may: refer complaints about discriminatory practices to the Commissioner; appear before the Commissioner as a party at a hearing about discriminatory practices; make recommendations about discriminatory practices to the Commissioner; represent a complainant in proceedings under § 2–210 of this subtitle; and appeal as a party aggrieved by an order or decision of the Commissioner under § 2–215 of this subtitle or § 11–503 of this article. The Commissioner shall notify the Commission on Civil Rights of any hearing scheduled on a complaint about alleged discriminatory practices. On request of the Commission on Civil Rights and unless the complainant objects, the Commissioner shall give the Commission on Civil Rights all information about any complaint about alleged discriminatory practices received by the Commissioner. The Commissioner and the Commission on Civil Rights shall set guidelines for determining when allegations in a complaint about alleged discriminatory practices are sufficient to warrant a hearing.

With respect to an examination, investigation, or hearing conducted by the Commissioner, the Commissioner, deputy commissioner, or an examiner authorized by the Commissioner may: administer oaths; examine individuals under oath; and issue subpoenas for the attendance of witnesses to testify or the production of evidence. A subpoena issued under this section shall be served: in the same manner as a subpoena of a circuit court may be served; or in the same manner as a service of process in a civil action in a circuit court may be served. If a person fails to comply with a lawfully served subpoena, the Commissioner immediately shall file a complaint and a copy of the subpoena and proof of service with the circuit court for the county where the person was required to appear or produce evidence. On receipt of a complaint and a copy of the subpoena and proof of service, the circuit court shall: issue an order directing compliance with the subpoena or compelling testimony; and impose penalties as if the person had failed to comply with a subpoena of the court. A person is not excused from attending, testifying, or producing evidence in an examination, investigation, or hearing conducted by or under authority of the Commissioner on the ground that the testimony or evidence may: tend to incriminate the person; or subject the person to a penalty of forfeiture. Before a person that claims the privilege against self-incrimination is required or allowed to testify or produce evidence, the Commissioner shall consult with the Attorney General and, with the consent of the Attorney General, the person may not be prosecuted or punished in a criminal action because of an act, transaction, matter, or thing about which the person is compelled to produce evidence or testify under oath. A person that testifies is not exempt from prosecution and punishment for perjury committed while testifying. A witness is entitled to the fees and mileage reimbursement allowed for testimony in a court. On submission of an itemized claim, witness fees, mileage, and actual necessary expenses incurred in securing attendance and testimony of a witness shall be paid by: the person being examined, if the person is found to have violated the law as to the matter about which the witness was subpoenaed; or the person that requested the hearing, if the hearing was requested by a person other than the Commissioner. A person may not willfully testify falsely under oath about any matter that is material to an examination, investigation, or hearing. A person that violates paragraph (1) of this subsection is guilty of perjury and on conviction shall be punished accordingly. A person may not willfully fail to: appear and testify under oath before the Commissioner; attend, answer, or produce evidence requested by the Commissioner; or give the Commissioner full and truthful information and answer in writing to any material written inquiry of the Commissioner in relation to the subject of an examination, investigation, or hearing. In addition to or instead of any other applicable penalty, a person that violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

An order or notice of the Commissioner must be in writing and signed by the Commissioner or an individual authorized by the Commissioner. An order of the Commissioner shall state: its effective date; its purpose; the grounds on which it is based; and the provisions of this article under which action is or proposed to be taken. Failure to designate a particular provision of this article in accordance with paragraph (1)(iv) of this subsection does not deprive the Commissioner of the right to rely on that provision. An order or notice may be served on a person by: mailing it to the person at the last known principal place of business of the person, as listed in the records of the Commissioner; electronic means in accordance with § 2–116 of this title; or otherwise delivering it to the person.

In this section, “analysis” means a process by which the Commissioner collects and analyzes information from filed schedules, surveys, required reports specified in subsection (b) of this section, and other sources in order to: develop an understanding of the affairs, transactions, accounts, records, assets, and financial condition of the entities specified in subsection (b) of this section; or identify or investigate patterns or practices of the entities specified in subsection (b) of this section. Whenever the Commissioner considers it advisable, the Commissioner shall conduct an analysis or examine the affairs, transactions, accounts, records, assets, and financial condition of each: authorized insurer; management company of an authorized insurer; subsidiary owned or controlled by an authorized insurer; rating organization; or authorized health maintenance organization. The Commissioner shall examine each domestic insurer and health maintenance organization at least once every 5 years. The Commissioner shall examine the affairs, transactions, accounts, records, and assets of: each insurer and each health maintenance organization that applies for an original certificate of authority to do business in the State; and each rating organization that applies for a license to do business in the State. When examining a reciprocal insurer, the Commissioner may examine the attorney in fact of the reciprocal insurer to the extent that the transactions of the attorney in fact relate to the reciprocal insurer. The Commissioner may limit the examination of an alien insurer to its insurance transactions and affairs in the United States. Instead of conducting an examination, the Commissioner may accept a full report, certified by the insurance supervisory official of another state, of the most recent examination of a foreign insurer or health maintenance organization, alien insurer or health maintenance organization, or an out–of–state rating organization.

When advisable to determine compliance with this article, the Commissioner may examine the accounts, records, documents, and transactions that relate to the insurance affairs or proposed insurance affairs of: an insurance producer, surplus lines broker, general agent, adjuster, public adjuster, or adviser; a person with the exclusive or dominant right under a contract to manage or control an insurer; a person that, for the purpose of controlling the management of a domestic insurer, holds the shares of voting stock or policyholder proxies of the domestic insurer as voting trustee or otherwise; or a person engaged in, proposing to engage in, or helping in the promotion or formation of: a domestic insurer or insurance holding corporation; or a corporation to finance a domestic insurer or the production of its business.

The Commissioner shall conduct an examination of an insurer, health maintenance organization, or private review agent at: the home office of a domestic insurer, foreign insurer, health maintenance organization, or private review agent; the United States branch office of an alien insurer, health maintenance organization, or private review agent; or a branch or agency office of the insurer, health maintenance organization, or private review agent. The Commissioner shall conduct an examination of a person other than an insurer, health maintenance organization, or private review agent at: the place of business of the person; or any place where records of the person are kept. Each person that is examined and its officers, employees, agents, and representatives shall: produce and make freely available to the Commissioner or an examiner the accounts, records, documents, files, information, assets, and matters that are in the possession or control of the person and relate to the subject of the examination; and otherwise help the examination to the extent reasonably possible. At the expense of the person being examined, the Commissioner may retain an actuary, accountant, or other expert, who is not otherwise a part of the staff of the Administration, if reasonably necessary to conduct an examination under this article. The actuary, accountant, or other expert may rewrite, post, or balance the accounts of the person being examined. If the Commissioner considers it necessary to value real estate involved in an examination, the Commissioner may request in writing that the person being examined appoint one or more competent appraisers, approved by the Commissioner, to appraise the real estate. If the person does not appoint an appraiser within 10 days after the request was delivered to the person, the Commissioner may appoint an appraiser. The appraisal shall be made promptly, and a copy of the appraisal report shall be provided to the Commissioner. The person being examined shall pay the reasonable expense of the appraisal.

Subject to subsection (b) of this section, the expense incurred in an examination made under § 2–205 of this subtitle, § 2–206 of this subtitle for surplus lines brokers and insurance holding corporations, § 23–207 of this article for premium finance companies, § 15–10B–19 of this article for private review agents, § 15–10B–20 of this article, or § 14–610 of this article for discount medical plan organizations and discount drug plan organizations shall be paid by the person examined in the following manner: the person examined shall pay to the Commissioner the travel expenses, a living expense allowance, and a per diem as compensation for examiners, actuaries, and typists: to the extent incurred for the examination; and at reasonable rates set by the Commissioner; the Commissioner may present a detailed account of expenses incurred to the person examined periodically during the examination or at the end of the examination, as the Commissioner considers proper; and a person may not pay and an examiner may not accept any compensation for an examination in addition to the compensation under item (1) of this subsection. If the Commissioner conducts an examination of an administrative services organization that administers the delivery system for specialty mental health services established under § 15–103(b)(21) of the Health – General Article, the administrative services organization may not use State funds or otherwise pass onto the State the expenses described in subsection (a) of this section.

The Commissioner or an examiner shall make a complete report of each examination made under § 2–205 of this subtitle or § 23–207, § 15–10B–19, or § 15–10B–20 of this article. An examination report shall contain only facts: from the books, records, or documents of the person being examined; or determined from statements of individuals about the person’s affairs. At least 30 days before adopting a proposed examination report, the Commissioner shall provide a copy of the proposed report to the person that was examined. If the person requests a hearing in writing within the 30–day period, the Commissioner: shall grant a hearing on the proposed report; and may not adopt the proposed report until after: the hearing is held; and any modifications of the report that the Commissioner considers proper are made. After an examination report is adopted by the Commissioner, the examination report is admissible as evidence of the facts contained in it in any action brought by the Commissioner against the person examined or an officer or insurance producer of the person. Regardless of whether a written examination report has been made, served, or adopted by the Commissioner, the Commissioner or an examiner may testify and offer other proper evidence about information obtained during an examination. The Commissioner may withhold an examination or investigation report from public inspection for as long as the Commissioner considers the withholding to be: necessary to protect the person examined from unwarranted injury; or in the public interest. If the Commissioner considers it to be in the public interest, the Commissioner may publish an examination report or a summary of it in a newspaper in the State. This subsection applies only to a document, material, or information other than an adopted examination report that: is in the control or possession of the Commissioner; and is obtained or generated during an analysis or examination conducted under § 2–205 or § 2–206 of this subtitle, Title 7 of this article, or § 23–103, § 15–10B–19, or § 15–10B–20 of this article. A document, material, or information that is subject to this subsection: is confidential and privileged; is not subject to Title 4 of the General Provisions Article; is not subject to subpoena; and is not subject to discovery or admissible in evidence in any private civil action. Notwithstanding paragraph (2) of this subsection, the Commissioner may use any document, material, or information that is subject to this subsection to further any regulatory or legal action brought as part of the duties of the Commissioner. The Commissioner and any person that receives a document, material, or information that is subject to this subsection while acting under the authority of the Commissioner may not be allowed or required to testify in any private civil action concerning the document, material, or information. Provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or information, the Commissioner may share a document, material, or information, including a document, material, or information that is confidential and privileged under subsection (g) of this section, with: other State, federal, or international regulatory agencies; the National Association of Insurance Commissioners or its affiliates or subsidiaries; or State, federal, or international law enforcement authorities. The Commissioner may receive a document, material, or information, including a document, material, or information that is confidential and privileged, from: other State, federal, or international regulatory agencies; the National Association of Insurance Commissioners or its affiliates or subsidiaries; or State, federal, or international law enforcement authorities. The Commissioner shall maintain as confidential and privileged any document, material, or information received under this paragraph with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information. The Commissioner may enter into agreements governing the sharing and use of information consistent with this subsection. There is no waiver of any applicable privilege or claim of confidentiality with regard to a document, material, or information as a result of: disclosure of the document, material, or information to the Commissioner under this subsection; or sharing of the document, material, or information by the Commissioner under paragraph (1) of this subsection. The Commissioner shall provide a copy of the adopted examination report to the person that was examined. The person examined shall present the adopted examination report to its board of directors at the next regularly scheduled meeting of the board.

In this section, “supervisory college” means a forum for cooperation and communication among the involved state, federal, and international regulators established for the fundamental purpose of facilitating the effectiveness of supervision of entities that belong to an insurance holding company system. With respect to any insurer registered under Title 7, Subtitle 6 of this article, the Commissioner may participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this article. The powers of the Commissioner with respect to a supervisory college include: initiating the establishment of a supervisory college; determining the membership and participation of other supervisors in the supervisory college; determining the functions of the supervisory college and the role of other state, federal, and international regulators; coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for sharing information; and establishing a crisis management plan on the occurrence of any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that has, or is likely to have, a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system as a whole. Each insurer subject to registration under § 7–603 of this article shall be liable for and shall pay the reasonable expenses of the Commissioner’s participation in a supervisory college, including travel expenses. A supervisory college may be convened as either a temporary or a permanent forum for communication and cooperation among the regulators charged with supervising an insurer or its affiliates, and the Commissioner may establish a regular assessment to an insurer for the payment of expenses under subparagraph (i) of this paragraph. In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes of an insurer or its affiliates, and as part of the examination of insurers under § 7–605 of this article, the Commissioner may participate in a supervisory college with other regulators charged with supervising an insurer or its affiliates, including other state, federal, and international regulatory agencies. Nothing in this section may be construed to delegate to the supervisory college any of the authority of the Commissioner to regulate the insurer or the activities of its affiliates within the State. The Commissioner may enter into agreements providing the basis for cooperation between the Commissioner and other state, federal, and international regulatory agencies and the activities of the supervisory college in accordance with § 2–209(h) of this subtitle.

In this section the following words have the meanings indicated. “Group–wide supervisor” means a regulatory official: authorized to engage in conducting and coordinating group–wide supervision activities for an internationally active insurance group; and whom the Commissioner determines or acknowledges under this section to have sufficient significant contacts with an internationally active insurance group. “Internationally active insurance group” means an insurance holding company system that: includes, as a member of the insurance holding company system, an insurer registered under § 7–601 of this article; and has: premiums written in at least three countries; at least 10% of its total gross written premiums from premiums written outside the United States; and based on a 3–year rolling average, total assets of at least $50,000,000,000 or total gross written premiums of at least $10,000,000,000. “NAIC” means the National Association of Insurance Commissioners. Subject to paragraph (2) of this subsection, the Commissioner is authorized to act as the group–wide supervisor for an internationally active insurance group in accordance with the provisions of this section. The Commissioner may acknowledge another regulatory official as the group–wide supervisor for an internationally active insurance group that: does not have substantial insurance operations in the United States; has substantial insurance operations in the United States, but not in the State; or has substantial insurance operations in the United States and in the State, if the Commissioner determines based on the factors specified under subsections (d)(2) and (h) of this section that the other regulatory official is the appropriate group–wide supervisor. An insurance holding company system that does not otherwise qualify as an internationally active insurance group may request that the Commissioner make a determination or acknowledgment of a group–wide supervisor under this section for the insurance holding company system. Subject to subparagraph (ii) of this paragraph, in cooperation with other state, federal, and international regulatory agencies, the Commissioner shall identify a single group–wide supervisor for an internationally active insurance group. The Commissioner may: determine that the Commissioner is the appropriate single group–wide supervisor for an internationally active insurance group that conducts substantial insurance operations in the State; or acknowledge that a regulatory official from another jurisdiction is the appropriate single group–wide supervisor for an internationally active insurance group. The Commissioner shall consider the following factors when making a determination or acknowledgment under paragraph (1)(ii) of this subsection: the place of domicile of the insurers, as members of the internationally active insurance group, that hold the largest share of the internationally active insurance group’s written premiums, assets, or liabilities; the place of domicile of the top–tiered insurers, as members of the internationally active insurance group; the location of the executive offices or largest operational offices of the internationally active insurance group; whether another regulatory official is acting or is seeking to act as the group–wide supervisor under a regulatory system that the Commissioner determines to be: substantially similar to the regulatory system provided under the laws of the State; or otherwise sufficient in providing for group–wide supervision, enterprise risk analysis, and cooperation with other regulatory officials; and whether another regulatory official acting or seeking to act as the group–wide supervisor provides the Commissioner with reasonably reciprocal recognition and cooperation. In making a decision to acknowledge another regulatory official as the appropriate single group–wide supervisor of an internationally active insurance group under paragraph (1)(ii)2 of this subsection, the Commissioner shall make the decision: in cooperation with and subject to the acknowledgment of other regulatory officials involved with supervision of insurers that are members of the internationally active insurance group; and in consultation with the internationally active insurance group. Notwithstanding any other provision of law, when another regulatory official is the group–wide supervisor for an internationally active insurance group, the Commissioner shall acknowledge that regulatory official as the group–wide supervisor of the internationally active insurance group. The Commissioner shall make a determination or acknowledgment under subsection (d)(1)(ii) of this section as to the appropriate single group–wide supervisor for an internationally active insurance group in the event of a material change in the internationally active insurance group that results in: the insurers domiciled in the State that are members of the internationally active insurance group holding the largest share of the internationally active insurance group’s premiums, assets, or liabilities; or the State being the place of domicile of the top–tiered insurer or insurers that are members of the internationally active insurance group. In accordance with § 7–605 of this article, the Commissioner may collect from an insurer registered under Title 7, Subtitle 6 of this article information necessary for the Commissioner to determine whether the Commissioner may: act as the group–wide supervisor for an internationally active insurance group; or acknowledge that another regulatory official is the appropriate regulatory official to act as the group–wide supervisor for an internationally active insurance group. Subject to subparagraph (ii) of this paragraph, before issuing a determination that an internationally active insurance group is subject to group–wide supervision by the Commissioner, the Commissioner shall notify the insurer registered under Title 7, Subtitle 6 of this article that is a member of the internationally active insurance group and the ultimate controlling person within the internationally active insurance group. An internationally active insurance group shall have at least 30 days to provide the Commissioner with additional information pertinent to the Commissioner’s pending determination. The Commissioner shall publish in the Maryland Register and on the Administration’s website the identity of internationally active insurance groups that the Commissioner has determined are subject to group–wide supervision by the Commissioner. If the Commissioner is the appropriate single group–wide supervisor for an internationally active insurance group, the Commissioner may: assess the enterprise risks within the internationally active insurance group to ensure that: the material financial condition and liquidity risks to the insurers, as members of the internationally active insurance group, are identified by management; and reasonable and effective mitigation measures are in place; request from an insurer, as a member of an internationally active insurance group, information necessary and appropriate to assess enterprise risk, including information about the insurers, as members of the internationally active insurance group, regarding: governance; risk assessment; management; capital adequacy; and material intercompany transactions; coordinate and, through the authority of the regulatory officials of the jurisdictions where insurers, as members of the internationally active insurance group, are domiciled, compel development and implementation of reasonable measures designed to ensure that the internationally active insurance group is able to recognize and mitigate enterprise risks to insurers, as members of the internationally active insurance group, in a timely manner; communicate with other state, federal, and international regulatory agencies for insurers, as members of the internationally active insurance group, and share relevant information, subject to the confidentiality provisions of § 7–106 of this article, through supervisory colleges under § 2–209.1 of this subtitle; subject to paragraph (2) of this subsection and to provide the basis for, or clarification of, the Commissioner’s role as group–wide supervisor, enter into agreements with or obtain documentation from an insurer registered under Title 7, Subtitle 6 of this article, any member of the internationally active insurance group, or any other state, federal, or international regulatory agencies for members of the internationally active insurance group; and oversee other group–wide supervision activities, consistent with the authority and purpose of this section, as the Commissioner considers necessary. Any agreements entered into or documentation obtained under paragraph (1)(v) of this subsection may not serve as evidence in any proceeding that any insurer or person of an insurance holding company system not domiciled or incorporated in the State is doing business in the State or is otherwise subject to jurisdiction in the State. Any agreements entered into under paragraph (1)(v) of this subsection shall include provisions for resolving disputes with other regulatory officials. If the Commissioner acknowledges that another regulatory official from a jurisdiction that is not accredited by the NAIC is the group–wide supervisor, the Commissioner may reasonably cooperate, through supervisory colleges or otherwise, with group–wide supervision undertaken by the group–wide supervisor, if: the Commissioner’s cooperation is in compliance with the laws of the State; the regulatory official acknowledged as the group–wide supervisor recognizes and cooperates with the Commissioner’s activities as a group–wide supervisor for other internationally active insurance groups where applicable; and the recognition and cooperation is reasonably reciprocal. If a regulatory official from a jurisdiction that is not accredited by the NAIC is the group–wide supervisor but does not recognize or cooperate with the Commissioner’s activities as a group–wide supervisor or is not reasonably reciprocal, the Commissioner may refuse recognition and cooperation. The Commissioner may enter into agreements with or obtain documentation from: an insurer registered under Title 7, Subtitle 6 of this article; an affiliate of an insurer registered under Title 7, Subtitle 6 of this article; and other state, federal, and international regulatory agencies for members of the internationally active insurance group, that provide the basis for, or clarify, a regulatory official’s role as group–wide supervisor. A registered insurer subject to this section shall be liable for, and shall pay, the reasonable expenses of the Commissioner’s participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and reasonable travel expenses. The Commissioner may adopt regulations to carry out this section.

The Commissioner may hold hearings that the Commissioner considers necessary for any purpose under this article. The Commissioner shall hold a hearing: if required by any provision of this article; or except as otherwise provided in this article, on written demand by a person aggrieved by any act of, threatened act of, or failure to act by the Commissioner or by any report, regulation, or order of the Commissioner, except an order to hold a hearing or an order resulting from a hearing. A demand for a hearing shall state the grounds for the relief to be demanded at the hearing. Within 30 consecutive days after receiving a demand for a hearing, the Commissioner shall: grant and, unless postponed by mutual consent of the parties, hold the hearing; or issue an order refusing the hearing. If the Commissioner does not grant or refuse a hearing within the 30–day period, the hearing is deemed to have been refused. Except as provided in paragraph (2) of this subsection, a hearing held under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases). A hearing held under this section is not subject to § 10–216 of the State Government Article. The Commissioner may delegate to the Deputy Commissioner, an associate deputy commissioner, an associate commissioner, or one other Administration employee who is designated by the Commissioner and admitted to the practice of law in the State the responsibility for holding a hearing under this section or § 4–114 of this article.

At least 10 days before a hearing, the Commissioner shall give notice of the hearing: to each person specified in the provision of this article under which the hearing is held; or if the provision under which the hearing is held does not specify the persons to be notified, to each person directly affected by the hearing. If not all persons entitled to notice of the hearing are known, the Commissioner may perfect notice by publication in a newspaper of general circulation in the State at least 10 days before the hearing. The notice of the hearing shall state: the time and place of the hearing; and the matters to be considered at the hearing.

Except as provided in paragraph (2) of this subsection, a demand for a hearing stays an order of the Commissioner pending the hearing and an order resulting from it if the Commissioner receives the demand: before the effective date of the order; or within 10 days after the order is served. Paragraph (1) of this subsection does not apply to an action taken or proposed under an order: resulting from a hearing; resulting from a final decision of the Insurance Commissioner on a complaint in an emergency case under § 15-10A-04 of this article; or based on impairment of assets or unsound financial condition of an insurer. If the Commissioner does not grant a written request for a stay, the aggrieved person may apply to the Circuit Court for Baltimore City for a stay of the proposed action of the Commissioner.

Except as otherwise provided in this subsection, all hearings shall be open to the public in accordance with § 8–505 of the State Government Article. A hearing held by the Commissioner that relates to a filing under Title 11 of this article is not required to be open to the public. A hearing held by the Commissioner to determine whether an insurer is being operated in a hazardous manner that could result in its impairment is not required to be open to the public if: the insurer requests that the hearing not be a public hearing; and the Commissioner determines that it is not in the interest of the public to hold a public hearing. A hearing held by the Commissioner to evaluate the financial condition of an insurer under the risk based capital standards set out in Title 4, Subtitle 3 of this article is not required to be open to the public. A hearing shall be considered open to the public if a member of the public may observe the hearing virtually through an electronic media platform. The Commissioner shall allow any party to a hearing to: subject to paragraph (3) of this subsection, appear in person; be represented: by counsel; in the case of an insurer, by a designee of the insurer who: is employed by the insurer in claims, underwriting, or as otherwise provided by the Commissioner; and has been given the authority by the insurer to resolve all issues involved in the hearing; or by a representative authorized under paragraph (2) of this subsection; be present while evidence is given; have a reasonable opportunity to inspect all documentary evidence and to examine witnesses; and present evidence. In this paragraph, “business entity” means a corporation, partnership, limited liability company, or sole proprietorship. Subject to subparagraphs (iii), (iv), (v), and (vi) of this paragraph, a business entity may authorize the following to represent it in a hearing under this section: for a corporation, an officer of the corporation or an employee designated by an officer of the corporation; for a partnership, a partner in the partnership or an employee designated by a partner; for a limited liability company, a member of the limited liability company or an employee designated by a member of the limited liability company; or for a sole proprietorship, an employee designated by the owner of the sole proprietorship. The business entity must provide proof to the Commissioner that it meets the definition of a “small employer” under § 31–101 of this article. The hearing may not be based on an assignment of the claim of another to the business entity. In the case of a designated employee, the employee: must provide to the Commissioner a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the business entity and may bind the business entity on matters pending before the Commissioner; and may not be an individual who is disbarred or suspended as a lawyer in any state. The business entity may not contract with, hire, or employ another business entity to provide appearance services. Subject to subparagraph (ii) of this paragraph, the Commissioner may direct that a hearing be held virtually. The Commissioner may not require a party to participate virtually in a hearing if the party demonstrates that it is unable to exercise any of the rights under paragraph (1)(ii) through (v) of this subsection by appearing virtually. The Commissioner shall make available to the parties to a virtual hearing a space within the office of the Maryland Insurance Administration with access to the equipment necessary to allow the parties to participate in the virtual hearing. On request of a party, the Commissioner shall issue subpoenas to compel attendance of witnesses or production of evidence on behalf of the party. The Commissioner shall allow any person that was not an original party to a hearing to become a party by intervention if: the intervention is timely; and the financial interests of the person will be directly and immediately affected by an order of the Commissioner resulting from the hearing. Formal rules of pleading or evidence need not be observed at a hearing. On timely written request by a party to a hearing, the Commissioner shall have a full stenographic record of the proceedings made by a competent reporter at the expense of that party. If the stenographic record is transcribed, a copy shall be given on request to any other party to the hearing at the expense of that party. If the stenographic record is not made or transcribed, the Commissioner shall prepare an adequate record of the evidence and proceedings.

In holding a hearing under this subtitle the Commissioner sits in a quasi-judicial capacity. Within 30 days after a hearing or any rehearing or reargument of matters involved in the hearing, the Commissioner shall issue an order that covers matters involved in the hearing and in any rehearing or reargument. The Commissioner shall serve a copy of the order on the same persons that were served notice of the hearing. The order shall contain: a concise statement of the facts found by the Commissioner; the Commissioner’s conclusions from the facts; and the information required by § 2-204(b) of this subtitle. The order may: affirm, modify, or nullify an action already taken; or constitute the taking of new action within the scope of the notice of the hearing.

An appeal under this subtitle may be taken only from: an order resulting from a hearing; a refusal by the Commissioner to grant a hearing; or a decision issued under § 15–10A–04 of this article. An appeal under this subtitle may be taken by: a party to the hearing; an aggrieved person whose financial interests are directly affected by the order resulting from a hearing or refusal to grant a hearing; or a party to the decision issued under § 15–10A–04 of this article. Subject to paragraph (2) of this subsection, an appeal under this subtitle shall be taken: to the Circuit Court for Baltimore City; or if a party to an appeal is an individual, to the circuit court of the county where the individual resides. If the appeal is from the suspension or revocation of a certificate of authority of a domestic insurer or license of an insurance producer, adviser, or public adjuster, an appeal may be taken to the circuit court of the county where: the domestic insurer has its principal place of business; or the licensee or certificate holder resides. To take an appeal, a person shall file a petition for judicial review with the appropriate circuit court within 30 days after: the order resulting from the hearing was served on the persons entitled to receive it; the order of the Commissioner denying rehearing or reargument was served on the persons entitled to receive it; the refusal of the Commissioner to grant a hearing; or the decision issued under § 15–10A–04 of this article was served on the persons entitled to receive it. An appeal under this subtitle shall be captioned in accordance with the Maryland Rules. On application to the court, any person may be added as a party, as the court directs, if: the financial interests of the person are or may be directly affected by the matter on appeal; or the person may be aggrieved by the matter on appeal. When a petition for judicial review is filed with the appropriate court, the court has jurisdiction over the case and shall determine whether the filing operates as a stay of the order or action from which the appeal is taken. In an appeal of an order resulting from a hearing, after receiving a copy of the petition for judicial review and within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending: a copy of the order of the Commissioner from which the appeal is taken; a complete transcript, certified by the Commissioner, of the record on which the order was issued; and all exhibits and documentary evidence introduced at the hearing. In an appeal of a refusal by the Commissioner to grant a hearing, within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending certified copies of all documents on file with the Commissioner that directly relate to the matter on appeal. In an appeal of a decision issued under § 15–10A–04 of this article, after receiving a copy of the petition for judicial review and within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending: a copy of the decision of the Commissioner from which the appeal is taken; a copy of the report of the independent review organization or medical expert; and all documentary evidence provided to the Commissioner and the independent review organization or medical expert that directly relates to the matter on appeal. The court to which an appeal is taken may: affirm the decision of the Commissioner; remand the case for further proceedings; or reverse or modify the decision of the Commissioner if substantial rights of the petitioners may have been prejudiced because administrative findings, inferences, conclusions, or decisions: violate constitutional provisions; exceed the statutory authority or jurisdiction of the Commissioner; are made by unlawful procedure; are affected by other error of law; are unsupported by competent, material, and substantial evidence in view of the entire record, as submitted; or are arbitrary or capricious. Costs of an appeal shall be awarded as in civil actions. Any party, including the Commissioner, may appeal from the judgment of the circuit court to the Appellate Court of Maryland as in other civil cases. The judgment of the circuit court may be stayed only by order of court on the giving of any security that the court considers proper.