H.B. 2

VETOES

(B) (1) THE DIVISION SHALL REVIEW ANY PROPOSED RATE INCREASE OF
10% OR MORE FILED WITH THE COMMISSIONER BY A MEDICAL PROFESSIONAL
LIABILITY INSURER OR HOMEOWNERS INSURER

(2) IF THE DIVISION FINDS THAT THE PROPOSED RATE INCREASE IS
EXCESSIVE OR OTHERWISE ADVERSE TO THE INTERESTS OF INSURANCE
CONSUMERS, THE DIVISION SHALL APPEAR BEFORE THE COMMISSIONER ON
BEHALF OF INSURANCE CONSUMERS IN ANY HEARING ON THE RATE FILING.

(C) AS THE DIVISION CONSIDERS NECESSARY, THE DIVISION SHALL
CONDUCT INVESTIGATIONS AND REQUEST THE COMMISSIONER TO INITIATE
PROCEEDINGS TO PROTECT THE INTERESTS OF INSURANCE CONSUMERS.

6-307.

(A) IN APPEARANCES BEFORE THE COMMISSIONER AND COURTS ON BEHALF
OF INSURANCE CONSUMERS, THE DIVISION HAS THE RIGHTS OF COUNSEL FOR A
PARTY TO THE PROCEEDING, INCLUDING THE RIGHT TO:

(1) SUMMON WITNESSES, PRESENT EVIDENCE, AND PRESENT
ARGUMENT;

(2) CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE;
AND

(3) TAKE DEPOSITIONS IN OR OUTSIDE OF THE STATE, SUBJECT TO
REGULATION BY THE COMMISSIONER TO PREVENT UNDUE DELAY, AND IN
ACCORDANCE WITH THE PROCEDURE PROVIDED BY LAW OR RULE OF COURT WITH
RESPECT TO CIVIL ACTIONS.

(B) THE DIVISION MAY APPEAR BEFORE ANY FEDERAL OR STATE UNIT TO
PROTECT THE INTERESTS OF INSURANCE CONSUMERS.

(C) (1) EXCEPT AS OTHERWISE PROVIDED IN THE INSURANCE ARTICLE AND
ANY APPLICABLE FREEDOM OF INFORMATION ACT, THE DIVISION SHALL HAVE FULL
ACCESS TO THE COMMISSIONER'S RECORDS, INCLUDING RATE FILINGS AND
SUPPLEMENTARY RATE INFORMATION FILED WITH THE COMMISSIONER BY A
MEDICAL PROFESSIONAL LIABILITY INSURER OR HOMEOWNERS INSURER UNDER
TITLE 11 OF THE INSURANCE ARTICLE, AND SHALL HAVE THE BENEFIT OF ALL
OTHER FACILITIES OR INFORMATION OF THE COMMISSIONER

(2) THE DIVISION IS ENTITLED TO THE ASSISTANCE OF THE
COMMISSIONER'S STAFF IF:

(I) THE STAFF DETERMINES THAT THE ASSISTANCE IS
CONSISTENT WITH THE STAFF'S RESPONSIBILITIES; AND

(II) THE STAFF AND THE DIVISION AGREE THAT THE ASSISTANCE,
IN A PARTICULAR MATTER IS CONSISTENT WITH THEIR RESPECTIVE INTERESTS.

(D) THE DIVISION MAY RECOMMEND TO THE GENERAL ASSEMBLY
LEGISLATION ON ANY MATTER THAT THE DIVISION CONSIDERS WOULD PROMOTE
THE INTERESTS OF INSURANCE CONSUMERS.

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