reglab/housing_qa huggingface dataset:
MD. Insurance Code Ann. §  8-315 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-315 - Waiver of Liability by Administrator Void; Liability Insurance

    (a)    A provision in an agreement or instrument that relates to the administration of a plan that purports to relieve an administrator from responsibility or liability for a duty or requirement imposed under this subtitle is void as against public policy.    (b)    Notwithstanding subsection (a) of this section:        (1)    a plan may purchase insurance for its administrators or for itself to cover liability or losses that occur because of an act or omission of an administrator if the insurance allows recourse by the insurer against the administrator in a case of breach of responsibility under this subtitle by the administrator;        (2)    an administrator may purchase insurance to cover the administrator’s possible liability under this subtitle if the insurance is obtained for and paid from the administrator’s own account; or        (3)    an employer or an employee organization may purchase insurance to cover possible liability of one or more persons that act as administrators with respect to a plan.
MD. Insurance Code Ann. §  8-316 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-316 - Prohibited Activities of Administrator

    (a)    With respect to a plan or the life insurer, an administrator, directly or indirectly:        (1)    may not deal with the assets of the plan or the life insurer in the administrator’s own interest or for the administrator’s own account;        (2)    in a transaction involving the plan or the life insurer, may not act in any capacity on behalf of or represent in any capacity a party whose interests are adverse to the interests of the life insurer, the plan, or the plan’s participants or beneficiaries;        (3)    other than commissions or service fees received from an insurer, may not receive consideration for the administrator’s own personal account from a party dealing with the plan or the life insurer in connection with a transaction involving the assets of the plan or the life insurer; or        (4)    may not knowingly participate in or attempt to conceal an act or omission of another administrator involved in the administration of that plan or in activities on behalf of the life insurer, knowing that the act or omission of the other administrator would be a violation of this subtitle.    (b)    An administrator may not procure the bond required by this subtitle from a surety insurer or other company or through an insurance producer in whose business operations the administrator has direct or indirect control or significant financial interest.    (c)    Notwithstanding subsection (a)(1) of this section, an administrator is not considered to have dealt with the assets of a plan in the administrator’s own interest or for the administrator’s own account solely because:        (1)    the administrator held the assets, at interest for the benefit of the administrator, for an administratively reasonable period of time before remitting the assets to an insurer or other payee; or        (2)    the compensation that the administrator receives for services necessary for establishing or operating the plan does not exceed reasonable compensation.
MD. Insurance Code Ann. §  8-317 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-317 - Allowing Another to Act as Administrator in Violation of Subtitle

    A person may not knowingly allow another person to act as an administrator with respect to a plan in violation of this subtitle.
MD. Insurance Code Ann. §  8-318 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-318 - Discharging, Fining, Suspending, Expelling, Disciplining, or Discriminating Against Plan Participant or Beneficiary

    (a)    A person may not discharge, fine, suspend, expel, discipline, or discriminate against a plan participant or beneficiary:        (1)    for exercising a right to which the participant or beneficiary is entitled under this subtitle; or        (2)    for the purpose of interfering with a right to which the participant or beneficiary may become entitled under this subtitle.    (b)    A person may not discharge, fine, suspend, expel, discipline, or discriminate against a person, whether or not the person is a plan participant or beneficiary, because the person:        (1)    has given information or testified in an inquiry or proceeding that relates to this subtitle; or        (2)    is about to give information or testify in an inquiry or proceeding that relates to this subtitle.    (c)    A person may not, by fraud, force, violence, or the threat of force or violence, restrain, coerce, or intimidate or attempt to restrain, coerce, or intimidate a plan participant or beneficiary for the purpose of interfering with or preventing the exercise of a right to which the plan participant or beneficiary is or may become entitled under this subtitle.
MD. Insurance Code Ann. §  8-319 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-319 - Investigations by Commissioner

    (a)    (1)    A person aggrieved by the conduct of a person registered or required to be registered under this subtitle may file a written complaint with the Commissioner.        (2)    On receipt of a complaint, the Commissioner shall investigate the complaint.    (b)    The Commissioner may investigate any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle or a regulation adopted under it.    (c)    Without limitation of the powers granted to the Commissioner under Title 2 of this article, in connection with an investigation under this section, the Commissioner may:        (1)    examine the books and records of a person registered under this subtitle or any other person that the Commissioner believes has violated this subtitle or a regulation adopted under it;        (2)    subpoena documents and other evidence; and        (3)    summon and examine under oath a person whose testimony the Commissioner requires.    (d)    For the purpose of conducting an investigation under this section, the Commissioner may not require an administrator to submit to the Commissioner, more than once in a 12-month period, any books or records of a plan administered by the administrator unless the Commissioner has reasonable cause to believe that a violation of this subtitle or a regulation adopted or order issued under it exists.    (e)    Subject to subsection (f) of this section, the Commissioner may make available information about a matter that may be subject to an investigation to:        (1)    the National Association of Insurance Commissioners;        (2)    a unit of state or federal government; and        (3)    a person that is the subject of the investigation.    (f)    Unless disclosure is required by a court of competent jurisdiction in a legal proceeding, the Commissioner shall keep confidential and may not disclose a trade secret or commercial information contained in:        (1)    an administrator’s books, records, or other documents; or        (2)    data provided by the administrator, including the identity and address of persons covered by a plan.
MD. Insurance Code Ann. §  8-320 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-320 - Enforcement of Subtitle

    (a)    To enforce this subtitle and any regulation adopted under it, the Commissioner may issue an order that requires the violator to:        (1)    cease and desist from the violation and further similar violations; and        (2)    take specific affirmative action to correct the violation, including:            (i)    the restitution of money, property, or other assets to a person aggrieved by the violation;            (ii)    the restoration to the plan or the life insurer of profits realized by the administrator that have been made through use of assets of the plan or the life insurer by the administrator; and            (iii)    the removal of the administrator that committed the violation.    (b)    (1)    The Commissioner may file a petition in the circuit court of any county to enforce an order issued under this section.        (2)    In an action brought by the Commissioner under this section, the Commissioner may recover for the use of the State reasonable attorney’s fees and the costs of the action.    (c)    (1)    In addition to any other enforcement action taken by the Commissioner under this section, the Commissioner may impose a civil penalty of not more than $10,000 for each violation of this subtitle.        (2)    Notwithstanding paragraph (1) of this subsection, the Commissioner may impose a civil penalty of not more than $1,000 per day for each day that a person is in violation of § 8–303(a) of this subtitle.        (3)    In determining the amount of the civil penalty imposed under this subsection, the Commissioner shall consider:            (i)    the seriousness of the violation;            (ii)    the good faith of the violator;            (iii)    the violator’s history of previous violations;            (iv)    the deleterious effect of the violation on the plan and its participants and beneficiaries;            (v)    the assets of the violator; and            (vi)    any other factors that relate to the determination of a financial penalty.    (d)    This section does not limit any regulatory power of the Commissioner under Title 2 of this article.
MD. Insurance Code Ann. §  8-321 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-321 - Liability of Administrator

    (a)    With respect to a plan or activities on behalf of a life insurer, an administrator who breaches a responsibility imposed on the administrator by this subtitle:        (1)    is personally liable for the restitution of money, property, or other assets to a person aggrieved by the violation and for the restoration to the plan of any profits realized by the administrator that have been made through use of assets of the plan by the administrator; and        (2)    is subject to any other equitable or remedial relief that a court considers appropriate, including removal of the administrator.    (b)    In addition to any liability that an administrator may have under subsection (a) of this section, the administrator is liable for a breach of responsibility under this subtitle by another administrator with respect to the same plan if the administrator:        (1)    knowingly participates in or knowingly attempts to conceal an act or omission of the other administrator involved in the administration of the same plan, knowing that the act or omission of the other administrator would be a violation of this subtitle;        (2)    by the administrator’s failure to comply with § 8–310 of this subtitle, has enabled the other administrator to violate this subtitle; or        (3)    knows of a violation of this subtitle by the other administrator, unless the administrator makes reasonable efforts under the circumstances to remedy the violation.    (c)    (1)    An administrator is not liable under this subtitle, by reason of a breach of responsibility, for a loss to a participant’s or beneficiary’s account if:            (i)    the plan provides for individual accounts and allows a participant or beneficiary to exercise investment control over assets in the participant’s or beneficiary’s account;            (ii)    the participant or beneficiary exercises that control; and            (iii)    the loss or breach results from the participant’s or beneficiary’s exercise of that investment control.        (2)    An administrator is not liable for a violation of this subtitle if the violation was committed before the administrator became an administrator or after the administrator ceased to be an administrator.
MD. Insurance Code Ann. §  8-321.1 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-321.1 - Third Party Administrator to Comply With 27-803

    A third party administrator shall comply with § 27–803 of this article.
MD. Insurance Code Ann. §  8-322 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 3 - Third Party Administrators|Section 8-322 - Criminal Penalty

    A person that intentionally violates this subtitle or a regulation adopted under it is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
MD. Insurance Code Ann. §  8-501 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-501 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “License” means a license issued by the Commissioner to act as a reinsurance intermediary.    (c)    “Qualified financial institution” means an institution that:        (1)    is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or a state;        (2)    is regulated, supervised, and examined by the United States or any state by authorities with regulatory authority over banks and trust companies; and        (3)    has been determined by the Commissioner or the securities valuation office of the National Association of Insurance Commissioners to meet the standards of financial condition and standing considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner.    (d)    (1)    “Reinsurance broker” means a person that solicits, negotiates, or places reinsurance cessions or retrocessions for a ceding insurer without the authority to bind reinsurance for the ceding insurer.        (2)    “Reinsurance broker” does not include an officer or employee of the ceding insurer.    (e)    “Reinsurance intermediary” means a reinsurance broker or a reinsurance manager.    (f)    (1)    “Reinsurance manager” means a person that:            (i)    acts as an insurance producer for a reinsurer; and            (ii)    1.    has authority to bind the reinsurer; or                2.    manages all or part of the assumed reinsurance business of the reinsurer, including the management of a separate division, department, or underwriting office.        (2)    “Reinsurance manager” does not include:            (i)    an employee of the reinsurer;            (ii)    a United States manager of the United States branch of an alien reinsurer;            (iii)    an underwriting manager that, by contract:                1.    manages all or part of the reinsurance operations of the reinsurer;                2.    is under common control with the reinsurer; and                3.    is not compensated based on the volume of premiums written; or            (iv)    the manager of a group, association, pool, or organization of insurers that:                1.    engages in joint underwriting or joint reinsurance; and                2.    is subject to examination by the insurance regulatory authority of the state where the manager’s principal business office is located.    (g)    “Reinsurer” means a person that engages in the business of reinsurance as:        (1)    an authorized insurer; or        (2)    an accepted reinsurer approved by the Commissioner.
MD. Insurance Code Ann. §  8-502 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-502 - Regulations

    The Commissioner may adopt regulations to carry out this subtitle.
MD. Insurance Code Ann. §  8-503 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-503 - License Required; Qualifications of Reinsurance Intermediaries

    (a)    This section does not apply to a lawyer admitted to the bar of the State while acting within the scope of the profession of the lawyer.    (b)    (1)    Except as otherwise provided in paragraph (2) of this subsection, before a person acts as a reinsurance manager or reinsurance broker in the State, the person:            (i)    in the case of a person that maintains an office in the State:                1.    must obtain a license under this subtitle; or                2.    must qualify as an insurance producer under Title 10, Subtitle 1 of this article; or            (ii)    in the case of a person that maintains an office in another state:                1.    must obtain a license under this subtitle or under a law of another state that is substantially similar to this subtitle; or                2.    must qualify as an insurance producer under Title 10, Subtitle 1 of this article or under a law of another state that is substantially similar to Title 10, Subtitle 1 of this article.        (2)    Before a person acts as a reinsurance manager for a reinsurer domiciled in the State, the person must:            (i)    obtain a license under this subtitle; or            (ii)    qualify as an insurance producer under Title 10, Subtitle 1 of this article.        (3)    This subsection applies to a person that maintains an office in the State either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation that maintains an office in the State.
MD. Insurance Code Ann. §  8-504 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-504 - Required Bonds or Other Security

    (a)    The Commissioner may require a reinsurance manager to:        (1)    file a bond from an insurer in an amount acceptable to the Commissioner for the protection of each reinsurer that the reinsurance manager represents; and        (2)    maintain an errors and omissions policy in an amount acceptable to the Commissioner.    (b)    (1)    The bond required under subsection (a)(1) of this section must be written by an insurer that is authorized to write surety insurance in the State and is acceptable to the Commissioner.        (2)    Subject to the approval of the Commissioner, a reinsurance manager may provide security other than a bond, including an irrevocable letter of credit, to satisfy the requirements of subsection (a)(1) of this section.
MD. Insurance Code Ann. §  8-505 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-505 - Service of Process

    (a)    (1)    On the form that the Commissioner provides, each nonresident applicant for a license must appoint the Commissioner as attorney for service of process issued against the applicant in the State.        (2)    The appointment:            (i)    is irrevocable;            (ii)    binds the applicant and any successor in interest; and            (iii)    remains in effect as long as there is in force in the State a contract made by the applicant or an obligation arising from a contract made by the applicant.    (b)    (1)    Each nonresident applicant for a license shall provide the Commissioner with the name and address of a resident of the State on whom notice and orders of the Commissioner and process issued against the applicant may be served.        (2)    (i)    A nonresident licensee promptly shall notify the Commissioner of a change in its designated agent for service.            (ii)    A change is not effective until acknowledged by the Commissioner.
MD. Insurance Code Ann. §  8-506 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-506 - Applications for License

    (a)    An applicant for a license shall:        (1)    file with the Commissioner an application on the form that the Commissioner provides; and        (2)    pay to the Commissioner an application fee of $25.    (b)    The application form shall require:        (1)    for a firm or association, the name of each member of the firm or association and of each employee of the firm or association who will act as a reinsurance intermediary under the license; and        (2)    for a corporation, the name of each officer of the corporation and of each employee and director of the corporation who will act as a reinsurance intermediary under the license.
MD. Insurance Code Ann. §  8-507 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-507 - Issuance of License

    (a)    The Commissioner shall issue a license to each applicant that:        (1)    meets the requirements of this subtitle; and        (2)    pays the applicable fee for a license for an insurance producer under § 2-112 of this article.    (b)    (1)    In this subsection, “controlling person” means a person that directly or indirectly has the power to direct, or cause to be directed, the management, control, or activities of a reinsurance intermediary.        (2)    The Commissioner may refuse to issue a license if the Commissioner finds that the applicant, an individual named on the application, a member, principal, officer, or director of the applicant, or a controlling person of the applicant:            (i)    is not trustworthy to act as a reinsurance intermediary;            (ii)    has given cause for revocation or suspension of a license; or            (iii)    has failed to comply with a requirement for issuance of a license.        (3)    On written request, the Commissioner shall provide a summary of the basis for the refusal to issue a license.        (4)    The summary of the basis for refusal is privileged and is not a public document under Title 10, Subtitle 6 of the State Government Article.
MD. Insurance Code Ann. §  8-508 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-508 - Scope of License

    (a)    A license issued to an individual authorizes the individual to act as a reinsurance intermediary.    (b)    A license issued to a firm or association authorizes each member of the firm or association, and each employee of the firm or association who is listed on the license, to act as a reinsurance intermediary.    (c)    A license issued to a corporation authorizes each officer of the corporation, and each employee or director of the corporation who is listed on the license, to act as a reinsurance intermediary.
MD. Insurance Code Ann. §  8-509 (2021)
2021 Maryland Statutes|Insurance|Title 8 - Entities That Act as Insurers|Subtitle 5 - Reinsurance Intermediaries|Section 8-509 - Term and Renewal of License

    (a)    A license expires on the first July 1 after its effective date and in an odd-numbered year, unless it is renewed for a 2-year term as provided in this section.    (b)    At least 1 month before a license expires, the Commissioner shall mail to the licensee, at the last known address of the licensee:        (1)    a renewal application form; and        (2)    a notice that states:            (i)    the date by which the Commissioner must receive the renewal application for the renewal to be issued and mailed before the license expires; and            (ii)    the amount of the renewal fee.    (c)    Before a license expires, the licensee may renew it for an additional 2-year term, if the licensee:        (1)    otherwise is entitled to be licensed;        (2)    files with the Commissioner a renewal application on the form that the Commissioner provides; and        (3)    pays to the Commissioner the applicable renewal fee for an insurance producer under § 2-112 of this article.    (d)    The Commissioner shall renew the license of each licensee who meets the requirements of this section.