2013 Maryland Code
INSURANCE
§ 2-202 - Discrimination in underwriting and rate-setting practices


MD Ins Code § 2-202 (2013) What's This?

§2-202.

(a) (1) 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.

(2) The Commission on Civil Rights has concurrent jurisdiction with the Commissioner over alleged discrimination on the basis of race, creed, color, or national origin.

(b) When the Commissioner has exclusive jurisdiction under subsection (a) of this section, the Commission on Civil Rights may:

(1) refer complaints about discriminatory practices to the Commissioner;

(2) appear before the Commissioner as a party at a hearing about discriminatory practices;

(3) make recommendations about discriminatory practices to the Commissioner;

(4) represent a complainant in proceedings under § 2-210 of this subtitle; and

(5) 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.

(c) The Commissioner shall notify the Commission on Civil Rights of any hearing scheduled on a complaint about alleged discriminatory practices.

(d) 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.

(e) 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.

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