<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 14.35.15.10" title_num="14" subtitle_num="35" chapter_num="15" heading="Waiver Authority.">
  <paragraph num="A.">
    <text>The Exchange, with the approval of the Exchange Board of Trustees, and for reasons solely within the discretion of the Exchange, may grant a waiver to a specific provision of the application for certification, with or without conditions.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A waiver may only be granted to the extent it does not conflict with the provisions of Insurance Article, Annotated Code of Maryland, or applicable federal and State law.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A carrier may submit a request for a waiver on a form developed by the Exchange.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Carriers who are newly seeking accreditation from outside entities and have not yet received such accreditation by the Exchange’s application deadline should use the waiver process to seek waiver or modification of this condition.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The request shall state:</text>
    <paragraph num="(1)">
      <text>The provision from which a waiver is sought;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reason the carrier is unable to comply with the provision; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The reason that compliance with the provision will impose a substantial hardship.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The Exchange may grant a waiver if:</text>
    <paragraph num="(1)">
      <text>The Exchange determines that compliance with the provision from which the waiver is sought cannot be accomplished without substantial hardship;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The waiver will not conflict with applicable State and federal law; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The waiver is in the best interests of the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Final Written Decisions on Requests for Waivers.</text>
    <paragraph num="(1)">
      <text>The Exchange shall issue a final written decision on a request for a waiver that is submitted under §A of this regulation within 45 days from receipt of the request and all supporting information for the waiver by the Exchange.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Exchange grants a waiver, the decision shall include:</text>
      <paragraph num="(a)">
        <text>The duration of the waiver; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any conditions imposed by the Exchange.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A request for a waiver may be denied if:</text>
      <paragraph num="(a)">
        <text>The Exchange determines that the conditions of §D of this regulation are not satisfied;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A waiver is not in the best interests of the State; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The waiver will conflict with applicable State or federal laws.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A denial may not be appealed.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Exchange shall notify the carrier of the decision by mail or electronically.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The Exchange may revoke a waiver if it appears that the reasons for granting the waiver have ceased to exist.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Exchange’s decision and the request for waiver shall be subject to public disclosure.</text>
  </paragraph>
</regulation>