Chapter 06. Procedures for Quasi-Legislative Hearings
Regulation .01 Scope.LinkCopy Citation
A.
This chapter applies to quasi-legislative hearings that the Insurance Commissioner conducts to gather information before making a decision or taking an action.
B.
This chapter does not apply to contested case hearings.
Regulation .02 Relation to Other Laws.LinkCopy Citation
The procedural requirements of this chapter are in addition to the procedural requirements of any other applicable provision of law.
Regulation .03 Notice of Hearing.LinkCopy Citation
A notice of a hearing held under this chapter shall include:
A.
The time and location of the hearing;
B.
The purpose of the hearing; and
C.
Any other information required by applicable law.
Regulation .04 Conduct and Control of Hearing.LinkCopy Citation
The Insurance Commissioner or a designee of the Insurance Commissioner shall determine the conduct of a hearing held under this chapter, including:
A.
The order of presentation; and
B.
Time limits for questions and testimony.
Regulation .05 Testimony.LinkCopy Citation
A.
The Insurance Commissioner or a designee of the Insurance Commissioner may:
(1)
Request the attendance of persons to testify or the production of documents;
(2)
Issue a subpoena requiring the attendance of persons to testify or the production of documents; and
(3)
Require testimony to be given under oath.
B.
The Insurance Commissioner or a designee of the Insurance Commissioner shall give all persons present who wish to testify an opportunity to do so, but may limit repetitious testimony.
C.
The Insurance Commissioner or a designee of the Insurance Commissioner may:
(1)
Ask questions of anyone present at a hearing;
(2)
Take questions from the audience and redirect the questions to others present at the hearing; and
(3)
Refer questions to employees of the Maryland Insurance Administration who may respond after the hearing.
D.
The rules of evidence do not apply to a hearing held under this chapter.
E.
The Insurance Commissioner or designee of the Insurance Commissioner shall receive and mark all exhibits offered in testimony if they are relevant to the hearing.
Regulation .06 Transcript.LinkCopy Citation
A.
At the discretion of the Maryland Insurance Administration and unless otherwise required by law, the Administration or a court reporter service shall stenographically record verbatim or tape record a hearing held under this chapter.
B.
If a court reporter service records the hearing, a person who desires a copy of a transcript of the recording may purchase a copy from the court reporter service.
C.
If an employee of the Maryland Insurance Administration records the hearing:
(1)
The Maryland Insurance Administration shall keep the tape recording or stenographic recording with the original record of the hearing; and
(2)
A person who desires a copy of the transcript of the recording, if one is made, may purchase a copy from the Maryland Insurance Administration for a reasonable cost in accordance with COMAR 31.02.05.09.
Regulation .07 Record.LinkCopy Citation
A.
The Insurance Commissioner or a designee of the Insurance Commissioner controls the record of a hearing held under this chapter.
B.
The Insurance Commissioner or a designee of the Insurance Commissioner shall assemble a record that consists of:
(1)
The notice of the hearing;
(2)
Exhibits and documents entered into the record;
(3)
The register of all persons who attended the hearing including their names, addresses, and any affiliations relevant to the hearing;
(4)
In accordance with Regulation .06 of this chapter, any:
(a)
Full or partial transcript of the hearing made or purchased by the Maryland Insurance Administration; and
(b)
Tape or stenographic recording of the hearing made by the Maryland Insurance Administration; and
(5)
If applicable, the final decision of the Insurance Commissioner or a designee of the Insurance Commissioner.
Regulation .08 Postponement and Continuance.LinkCopy Citation
The Insurance Commissioner or a designee of the Insurance Commissioner has sole discretion to:
A.
Postpone or continue a hearing; and
B.
Keep the record open beyond the date of the hearing.
Regulation .09 Judicial Review.LinkCopy Citation
Unless otherwise required by law, a party who is aggrieved by a final decision issued by the Insurance Commissioner, or a designee of the Insurance Commissioner, at the conclusion of a hearing held under this chapter, may file a petition for judicial review in the Circuit Court for Baltimore City within 30 days after the date of the final decision.
Chapter annotations
Authority: Health-General Article, §19-713; Insurance Article, §§2-109, 2-203, 4-309, 11-502, 12-203, 12-204, 12-205, 13-110, 13-111, and 4-126; State Government Article, §§6.5-103 and 6.5-203; Annotated Code of Maryland
History: Effective date: October 15, 2001 (28:20 Md. R. 1785)