2013 Maryland Code
INSURANCE
§ 11-220 - Appeal by member or subscriber

§11-220.

(a) (1) A member of or subscriber to a rating organization may appeal to the Commissioner from the action or decision of the rating organization in approving or rejecting a proposed change in or addition to the filings of the rating organization.

(2) The Commissioner:

(i) shall issue an order that approves the action or decision of the rating organization or directs it to give further consideration to the proposal; or

(ii) if the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings and the Commissioner finds that the action or decision was unreasonable, may issue an order that directs the rating organization to make, within a reasonable time after issuance of the order, an addition to its filings on behalf of its members and subscribers in a manner consistent with the Commissioner’s findings.

(3) The Commissioner shall hold a hearing before issuing an order under paragraph (2) of this subsection.

(4) The Commissioner shall give written notice of the hearing to the appellant and rating organization at least 10 days before the hearing.

(b) (1) If the appeal is based on the failure of a rating organization to make a filing on behalf of the member or subscriber that is based on a system of expense provisions that differs from the system of expense provisions included in a filing made by the rating organization, as authorized under § 11-205(e) of this subtitle, and the Commissioner grants the appeal, the Commissioner shall issue an order that requires the rating organization to make the requested filing for use by the appellant.

(2) In deciding the appeal, the Commissioner shall apply the standards set forth in this subtitle.