reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-113 - Scope of Licenses

(a)    A license authorizes the holder of the license to act as an insurance producer for the kind or subdivision of insurance or combination of kinds or subdivisions of insurance specified in the license.
(b)    The holder of a license may not use any name other than the name in which the license is issued or a trade name filed with the Commissioner under this subtitle to engage in any activity for which a license is required, including the execution of any document related to marketing, negotiation, selling, or issuance of insurance.
(c)    A license does not create any actual, apparent, or inherent authority in the holder to represent or commit an insurer.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-114 - Conducting Business as Limited Liability Company, Partnership, or Corporation

Insurance producers may conduct insurance business as a business entity if each individual who solicits, negotiates, or accepts insurance business from the public holds a license in the kind or subdivision of insurance for which the individual acts as an insurance producer and, if applicable, an appointment from an insurer.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-116.1 - Reinstatement of License

(a)    For up to 1 year after the expiration date, a person whose license has expired may reinstate the expired license by:
(1)    filing with the Commissioner the appropriate reinstatement application;
(2)    paying to the Commissioner:
(i)    the applicable renewal fee under § 2-112 of this article; and
(ii)    a reinstatement fee of $100; and
(3)    submitting proof of completion of the continuing education requirements in § 10-116 of this subtitle.
(b)    A person whose license has expired is prohibited from conducting any insurance business until the effective date of reinstatement of the license.
(c)    (1)    If a person applies for reinstatement of an expired license within 60 days after the license expired, the Commissioner shall reinstate the license retroactively, with the reinstatement effective on the date that the person’s license expired.
(2)    If a person applies for reinstatement of an expired license more than 60 days after the license expired, the Commissioner shall reinstate the person’s license prospectively, with the reinstatement effective on the date that the license is reinstated.
(d)    A person who does not comply with subsection (a) of this section on or before 1 year after the expiration date shall apply for a license under § 10-111 of this subtitle and meet the requirements specified by the Commissioner in regulation.
(e)    The Commissioner may adopt regulations to carry out this section.
(f)    The Commissioner may waive the reinstatement procedures of this section for an insurance producer who is unable to comply with the renewal and reinstatement procedures due to:
(1)    military service; or
(2)    other extenuating circumstances, including a long-term medical disability.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-117 - Changes to License

(a)    To change, add to, or delete from a license, the insurance producer shall file with the Commissioner in the form that the Commissioner requires the change or addition to or deletion from the license.
(b)    (1)    A licensee shall file with the Commissioner by any means acceptable to the Commissioner a change in legal name, trade name, electronic mail address, or address within 30 days of the change.
(2)    If a licensee fails to timely file with the Commissioner a change in legal name, trade name, electronic mail address, or address, the licensee is in violation of § 10–126(a)(1) of this subtitle.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-120 - Temporary Licenses

(a)    Without regard to the education, experience, or examination requirements of this subtitle, the Commissioner may issue a temporary license to act as an insurance producer to an individual if the individual:
(1)    is otherwise qualified; and
(2)    is:
(i)    the surviving spouse, next of kin, personal representative, or appointee of the personal representative, of a deceased insurance producer;
(ii)    the spouse, next of kin, employee, or legal guardian of a mentally or physically disabled insurance producer; or
(iii)    an employee of a firm, or an officer or employee of a corporation, of a deceased or disabled insurance producer.
(b)    Before a person acts as a temporary insurance producer in the State, the person must obtain:
(1)    a temporary license in the kind or subdivision of insurance for which the person intends to act as an insurance producer; and
(2)    if applicable, an appointment from an insurer.
(c)    An applicant for a temporary license shall:
(1)    file with the Commissioner an application on the form that the Commissioner provides; and
(2)    pay to the Commissioner the applicable fee required by § 2-112 of this article.
(d)    Within 30 days after the date an application is received, the Commissioner shall:
(1)    issue a temporary license to the applicant; or
(2)    refuse in writing to issue a temporary license, stating the reasons for the refusal.
(e)    A temporary license issued under subsection (a) of this section expires 15 months after its effective date.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-121.1 - Title Insurance Producer Independent Contractors

(a)    A title insurance producer may not use or accept the services of a title insurance producer independent contractor unless the title insurance producer independent contractor:
(1)    holds an appointment with the title insurer with which the contract of title insurance may be placed; and
(2)    is covered under the title insurance producer’s:
(i)    blanket fidelity bond; and
(ii)    blanket surety bond or letter of credit.
(b)    (1)    A title insurance producer that uses the services of a title insurance producer independent contractor is:
(i)    the legal principal of the title insurance producer independent contractor; and
(ii)    liable for all actions of the title insurance producer independent contractor, including unintentional conduct, that occurs within the scope of the title insurance producer’s independent contractor’s employment.
(2)    When a mortgage or deed of trust is executed in a transaction in which a title insurance producer independent contractor is acting for or on behalf of a title insurance producer, there shall be included on or with the recorded mortgage or deed of trust the name, address, and license number of the title insurance producer independent contractor and the title insurance producer for which the title insurance producer independent contractor is acting.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-124 - Limited Lines Licenses -- Employees of Health Maintenance Organizations

(a)    Without regard to the education, experience, or examination requirements of this subtitle, the Commissioner may issue a limited lines license to an individual who is employed by a health maintenance organization solely to solicit membership in the health maintenance organization under a contract:
(1)    between the health maintenance organization and the Maryland Department of Health; and
(2)    in accordance with which the Maryland Department of Health obtains prepaid comprehensive health care services for recipients of medical assistance under § 15–105 of the Health – General Article.
(b)    The annual license fee is provided in § 2–112 of this article.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-125 - Title Insurance Producer Independent Contractors -- Attorneys and Law Firms Engaged in Title Insurance Work

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Attorney” means an individual admitted to practice law by the Court of Appeals of the State.
(3)    (i)    “Law firm” means an association of attorneys in a law partnership, professional corporation, sole proprietorship, or other business entity who:
1.    are primarily engaged in the practice of law; and
2.    solicit, procure, or negotiate title insurance contracts only as an incident to the practice of law.
(ii)    “Law firm” includes a sole practitioner.
(iii)    “Law firm” does not include:
1.    an attorney or an association of attorneys who own, operate, or share an interest in a title agency; or
2.    an attorney who is employed by a title agency as a title insurance producer.
(4)    (i)    “Title agency” means a business entity, other than a law firm, formed for the primary purpose of soliciting, procuring, or negotiating title insurance contracts and providing settlement services.
(ii)    “Title agency” includes a sole proprietor, partnership, or corporation.
(b)    Subject to this section, the Commissioner may issue a limited lines license to an attorney who solicits, procures, or negotiates title insurance contracts to act as a title insurance producer.
(c)    All licensing provisions of this subtitle apply to:
(1)    an attorney who solicits, procures, or negotiates title insurance contracts; and
(2)    title agencies even if the title agency is established or owned by an attorney or an association of attorneys.
(d)    Notwithstanding any other provision of this subtitle:
(1)    (i)    the licensing, bonding, education, experience, and examination requirements of this subtitle relating to title insurance producers do not apply to law firms; and
(ii)    except as otherwise provided in paragraph (2) of this subsection, the bonding, education, experience, and examination requirements of this subtitle relating to title insurance producers do not apply to attorneys.
(2)    The bonding requirements of this subtitle are applicable to:
(i)    an attorney or an association of attorneys who own, operate, or share an interest in a title agency; and
(ii)    an attorney who is employed by a title agency as a title insurance producer.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-130 - Commission Only to Licensed Insurance Producer

(a)    Except as otherwise provided in §§ 10–102, 10–119, and 10–122 of this subtitle and § 10–602 of this title, a commission, fee, reward, rebate, or other consideration for selling, soliciting, or negotiating insurance may not be paid, directly or indirectly, to a person other than a licensed insurance producer.
(b)    Except as otherwise provided in this article, for life insurance or health insurance this section does not prohibit payment to or receipt by a person who formerly held a license and, if the person acted on behalf of an insurer, an appointment of:
(1)    commissions on renewal premiums on existing policies; or
(2)    other deferred commissions.
(c)    Unless the payment would violate § 27–209 or § 27–212 of this article, an insurer or insurance producer may pay or assign commissions, service fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in the State.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-131 - General Penalty

A person that violates § 10-103(b) or (c), § 10-130, or § 10-133 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-132 - Violations by Title Insurance Producers

A title insurance producer that willfully or knowingly violates § 10-121 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 1 - Insurance Producers › Section 10-133 - Certain Exclusive Appointment Agreements Prohibited

(a)    In this section, “medical professional liability insurance” means insurance providing coverage against damages due to medical injury arising out of the performance of professional services rendered or which should have been rendered by a health care provider.
(b)    A licensed insurance producer may not enter into an exclusive appointment agreement with an authorized insurer that issues medical professional liability insurance.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adviser” means a person that, for compensation:
(1)    examines or offers to examine a policy, annuity contract, or pure endowment contract for the purpose of giving, or gives or offers to give, advice or information about:
(i)    the terms, conditions, benefits, coverage, or premium of a policy, annuity contract, or pure endowment contract; or
(ii)    the advisability of changing, exchanging, converting, replacing, surrendering, continuing, or rejecting a policy, annuity contract, or pure endowment contract or of accepting or procuring a policy, annuity contract, or pure endowment contract from an insurer; or
(2)    represents to the public that the person gives or is engaged in the business of giving advice or information to holders of policies or annuity contracts by use of the title “insurance adviser”, “insurance specialist”, “insurance counselor”, “insurance analyst”, “policyholders’ adviser”, “policyholders’ counselor”, “refund company”, or other similar title:
(i)    in or on advertisements, cards, signs, circulars, letterheads, or elsewhere; or
(ii)    in any other manner in which public announcements are made.
(c)    “License” means a license issued by the Commissioner to act as an adviser.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-202 - Scope of Subtitle

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Guaranteed investment contract” means an agreement between an insurer and an entity listed in subsection (b)(5)(ii)2 of this section that:
(i)    permits withdrawals by the purchaser for specified purposes; and
(ii)    contains a general obligation of the insurer to repay a deposit plus interest.
(3)    “Synthetic investment contract” means an agreement between an insurer and an entity listed in subsection (b)(5)(ii)2 of this section that:
(i)    permits withdrawals by the purchaser for specified purposes; and
(ii)    contains a limited obligation of the insurer to repay a deposit plus interest that is supported by a portfolio of fixed income securities identified in the agreement and owned by the purchaser.
(b)    This subtitle does not apply to:
(1)    an officer, employee, insurance producer, or other representative of an authorized insurer while acting for the authorized insurer;
(2)    an insurance producer that holds a license while acting as an insurance producer for a client;
(3)    an attorney at law of the State while acting within the scope of the legal profession;
(4)    a licensed public adjuster while acting within the scope of the public adjuster’s license; and
(5)    an individual:
(i)    who is employed by an investment adviser registered with the Securities and Exchange Commission;
(ii)    whose only clients in the State each:
1.    has assets of not less than $5,000,000; and
2.    is one of the following types of institutional investors, whether acting for itself or as a trustee or fiduciary with investment control:
A.    an investment company, as defined in the Investment Company Act of 1940;
B.    an investment adviser registered with the Securities and Exchange Commission;
C.    an adviser, as defined in § 10-201 of this subtitle;
D.    a federal covered adviser, as defined in the Maryland Securities Act, Title 11 of the Corporations and Associations Article;
E.    a broker-dealer;
F.    a bank, trust company, or savings and loan association;
G.    a collective investment fund or common trust fund maintained by a bank or trust company;
H.    an insurer;
I.    an employee benefit plan;
J.    a governmental agency or instrumentality; or
K.    any other type of institutional investor, as designated by the Commissioner; and
(iii)    whose business activities in the State that would otherwise be subject to regulation under this subtitle are limited to acting as an adviser with respect to guaranteed investment contracts or synthetic investment contracts.
(c)    This section may not be construed to afford coverage for guaranteed investment contracts or synthetic investment contracts under the Life and Health Insurance Guaranty Corporation Act, Title 9, Subtitle 4 of this article.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-203 - License Required; Exception

(a)    Except as otherwise provided in this subtitle, a person must obtain a license before the person acts as an adviser in the State.
(b)    An insurance producer or other representative of an authorized insurer that, while acting for an authorized insurer, uses a title similar to those listed in § 10-201(b)(2) of this subtitle in close conjunction with all or part of the name of the authorized insurer need not obtain a license if the insurance producer or other representative certifies to the Commissioner that the insurance producer or representative has completed successfully a course submitted to and approved by the Commissioner.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-206 - Bond Required

An applicant for a license shall file with the Commissioner a bond that:
(1)    is approved by the Commissioner as to form and sufficiency of security;
(2)    is executed by the applicant and an authorized surety insurer;
(3)    is in the penal sum of $1,000;
(4)    is conditioned on the applicant faithfully performing the duties of an adviser;
(5)    runs to the State; and
(6)    specifically authorizes the State to recover the penal sum of the bond if the applicant is guilty of fraudulent or dishonest practices while acting as an adviser.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-210 - Conducting Business as Sole Proprietorship, Partnership, Association, or Corporation

A licensee may conduct an insurance advisory business as a sole proprietorship, partnership, association, or corporation if:
(1)    each individual who acts as an adviser is licensed under this subtitle; and
(2)    the trade name of the business is registered with the Commissioner.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-211 - Term and Renewal of License

(a)    A license expires every other year on the date stated on the license unless renewed as provided in this section.
(b)    At least 1 month before a license expires, the Commissioner shall send to the holder of the license, at the last known address or electronic mail address of the holder on record a notice that states:
(1)    the process for renewing the license;
(2)    the date by which the Commissioner must receive the renewal application; and
(3)    the amount of the renewal fee.
(c)    Before a license expires, the holder of the license periodically may renew it for an additional 2–year term, if the holder:
(1)    otherwise is entitled to a license;
(2)    files with the Commissioner a renewal application:
(i)    on the form that the Commissioner provides; or
(ii)    in an electronic format that the Commissioner approves;
(3)    pays to the Commissioner the renewal fee required by § 2–112 of this article;
(4)    is in compliance with the bond requirement of § 10–206 of this subtitle; and
(5)    if the Commissioner determines that an examination is advisable to determine the trustworthiness or competence of a holder, passes an examination given by the Commissioner.
(d)    A license renewed under this section shall have an expiration date that is the last day of the month in which the holder of the license was born.
(e)    (1)    If mailed, an application for renewal of a license shall be considered made in a timely manner if it is postmarked on or before the expiration date of the license.
(2)    If submitted electronically, an application for renewal of a license shall be considered made in a timely manner if, on or before the expiration date of the license, the application:
(i)    is addressed properly or otherwise directed properly to an information processing system that the Administration has designated or uses for the purpose of receiving electronic applications and from which the Administration is able to retrieve the application;
(ii)    is in a form capable of being processed by that system; and
(iii)    1.    enters an information processing system outside the control of the sender or of a person that sent the electronic application on behalf of the sender; or
2.    enters a region or the information processing system designated or used by the Administration that is under the control of the Administration or an agent of the Administration.
(f)    (1)    The Commissioner shall renew the license of each holder who meets the requirements of this section.
(2)    If the holder of a license files an application for renewal before the license expires, the license shall remain in effect until:
(i)    the Commissioner issues a renewal license; or
(ii)    5 days after the Commissioner refuses to renew the license and gives notice of the refusal to the holder.
(g)    The Commissioner may adopt regulations to carry out this section.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-211.1 - Reinstatement of License

(a)    On or before September 30 of the renewal year, a person whose insurance adviser’s license has expired may reinstate the expired license by:
(1)    filing with the Commissioner the appropriate reinstatement application;
(2)    paying to the Commissioner the applicable reinstatement fee required under subsection (b) of this section; and
(3)    complying with the bond requirement of § 10-206 of this subtitle.
(b)    (1)    The fee for a reinstatement under this section shall be:
(i)    the amount charged for a full renewal period for the type of license held by the person seeking the reinstatement; and
(ii)    1.    $25 for reinstatement during the period from July 1 through July 31;
2.    $50 for reinstatement during the period from August 1 through August 31; and
3.    $75 for reinstatement during the period from September 1 through September 30.
(2)    The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of temporary incapacity, hospitalization, or other hardship.
(c)    A person whose insurance adviser’s license has expired is prohibited from acting as an insurance adviser until the effective date of reinstatement of the license.
(d)    A person who does not comply with subsection (a) of this section on or before September 30 of the year of expiration shall apply for an insurance adviser’s license under § 10-205 of this subtitle and meet any other requirements specified by the Commissioner in regulation.
(e)    The Commissioner may adopt regulations to carry out this section.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-212 - Suspensions and Revocations

(a)    Subject to the hearing provisions of Title 2 of this article, the Commissioner may suspend or revoke a license if the licensee:
(1)    has violated this article;
(2)    has violated any law while acting as an adviser;
(3)    has made a material misstatement in the application for the license;
(4)    has been guilty of fraudulent or dishonest practices; or
(5)    has demonstrated incompetency or untrustworthiness to act as an adviser.
(b)    (1)    Any licensee or any person aggrieved may file with the Commissioner a verified complaint that states facts that show sufficient grounds to suspend or revoke a license.
(2)    On the filing of a complaint, the Commissioner, after notice and hearing, shall determine whether to suspend or revoke the license.
(c)    An adviser whose license has been revoked may not obtain another license or renew a license for at least 1 year after:
(1)    the date of revocation, if there is no judicial review; or
(2)    the final determination in the judicial proceeding confirming the revocation, if there is judicial review.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-213 - Notice of Denial, Suspension, or Revocation

If an application for a license is denied or a license is suspended or revoked, the Commissioner immediately shall give notice to the applicant or licensee by:
(1)    registered mail addressed to the applicant’s or licensee’s last address of record with the Commissioner; or
(2)    electronic means in accordance with § 2–116 of this article.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-214 - Information Required by Commissioner

(a)    The Commissioner at any time may require a licensee to provide information that the Commissioner considers necessary about the business methods, policies, contracts, or transactions of the licensee.
(b)    Within 10 days after receiving a written request for information under this section, the licensee shall provide the Commissioner with the information in the form that the Commissioner requires.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 2 - Advisers › Section 10-215 - Agreements Between Advisers and Others

(a)    An agreement between an adviser and another person that relates to the giving of advice or information of the type given by advisers is not enforceable by or for the adviser unless:
(1)    the agreement is in writing;
(2)    the agreement is executed personally in duplicate by the person to be charged or by the legal representative of the person;
(3)    a duplicate of the agreement is delivered to and kept by the person when it is signed by that person;
(4)    the agreement plainly states the amount of the fee paid or to be paid by the person and the services to be performed by the adviser; and
(5)    the agreement is in the form that the Commissioner currently approves.
(b)    (1)    All forms of statements, receipts, and agreements used by licensees must be filed with and approved by the Commissioner as:
(i)    conforming to the requirements of this section;
(ii)    not inconsistent with law; and
(iii)    not misleading in any way.
(2)    The Commissioner may disapprove a form if the Commissioner finds that the form:
(i)    contains any provision or any title, heading, backing, or other indication of its contents that is likely to be misleading; or
(ii)    omits any provision that the Commissioner requires to make the form clear and not misleading.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 3 - Bail Bondsmen › Section 10-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Bail bond” means a written obligation of a defendant, with or without a surety or collateral security, that:
(1)    is conditioned on the appearance of the defendant as required; and
(2)    provides for the payment of a penal sum according to its terms.
(c)    “Bail bondsman” means an authorized insurance producer of a surety insurer.
(d)    “Collateral security” means any property deposited, pledged, or encumbered to secure the performance of a bail bond.
(e)    “License” means a license issued by the Commissioner to provide bail bondsman services.
(f)    “Provide bail bondsman services” means to provide any service in the bail bondsman trade.
(g)    (1)    “Surety” means a person, other than the defendant, that guarantees the appearance of the defendant by executing a bail bond.
(2)    “Surety” includes an uncompensated or accommodation surety.
(h)    “Surety insurer” means a person that, for compensation, directly or through an authorized insurance producer, acts as a surety on a bail bond.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 3 - Bail Bondsmen › Section 10-309 - Acceptance of Installment Payments

(a)    This section applies to bail bondsmen licensed under this subtitle and to bail bondsmen that provide bail bondsman services under § 5–203 of the Criminal Procedure Article.
(b)    A bail bondsman may arrange to accept payment for the premium charged for a bail bond in installments.
(c)    If a bail bondsman arranges to accept payment for the premium charged for a bail bond in installments, the installment agreement:
(1)    shall be in a form adopted by the Commissioner;
(2)    shall include:
(i)    the total amount of the premium owed;
(ii)    the amount of any down payment made;
(iii)    the balance amount owed to the bail bondsman or the bail bondsman’s insurer;
(iv)    the amount and due date of each installment payment; and
(v)    the total number of installment payments required to pay the amount due; and
(3)    may not include a confessed judgment clause that waives a consumer’s right to assert a legal defense to an action.
(d)    If a bail bondsman arranges to accept payment of the premium charged for a bail bond in installments, the bail bondsman shall:
(1)    secure a signed affidavit of surety by the defendant or the insurer containing the information required under subsection (c) of this section and provide the affidavit of surety to the court;
(2)    take all necessary steps to collect the total amount owed by the insured, including seeking remedies provided by law for the collection of debts; and
(3)    keep and maintain records of all collection attempts, installment agreements, and affidavits of surety.
(e)    (1)    The bail bondsman shall keep and maintain the records required under this section in an office that is generally accessible to the public during normal business hours.
(2)    The bail bondsman shall make the records required under this section available to the Commissioner for inspection.
(3)    Each year, each bail bondsman shall certify to the Commissioner that the records required to be kept and maintained under this section are accurate and true.
(f)    If a bail bondsman violates any provision of this section, the Commissioner may take any actions authorized under § 10–126 of this title.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Business entity” has the meaning stated in § 10–101 of this title.
(c)    “Home state” means:
(1)    the state where a public adjuster’s principal place of residence or principal place of business is located; or
(2)    the state a public adjuster designates under § 10–409(a)(2) of this subtitle.
(d)    “Immediate family member” means a public adjuster’s:
(1)    spouse;
(2)    child;
(3)    child’s spouse;
(4)    parent;
(5)    spouse’s parent;
(6)    sibling; or
(7)    sibling’s spouse.
(e)    “License” means a license issued by the Commissioner to act as a public adjuster.
(f)    “Marketing” means the distribution of advertising materials regarding the services of a public adjuster.
(g)    (1)    “Public adjuster” means a person who for compensation or any other thing of value:
(i)    acts or aids, solely in relation to first–party claims arising under an insurance policy that insures the real or personal property of the insured, on behalf of the insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance policy;
(ii)    except as provided in § 10–403 of this subtitle, directly or indirectly solicits for employment as a public adjuster of insurance claims, solicits business, or represents oneself to the public as a public adjuster of first–party insurance claims for losses or damages arising out of insurance policies that insure real or personal property; or
(iii)    investigates or adjusts losses, or advises an insured about first–party claims for losses or damages arising out of an insurance policy that insures real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured.
(2)    “Public adjuster” does not include a person that investigates, adjusts, or appraises claims for loss or damage covered by a motor vehicle insurance policy.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-402 - Scope of Subtitle

This subtitle does not apply to:
(1)    an adjuster for or an insurance producer or employee of an insurer or group of insurers under common control or ownership that, as representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group;
(2)    an insurance producer that acts as an adjuster without compensation for an insured for whom the insurance producer is acting as an insurance producer;
(3)    an attorney at law who does not:
(i)    regularly act as a public adjuster; and
(ii)    represent to the public by sign, advertisement, or otherwise that the attorney at law acts as a public adjuster;
(4)    a person who negotiates or settles claims arising under:
(i)    a life, health, or motor vehicle insurance policy; or
(ii)    an annuity contract;
(5)    a person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a public adjuster, including a photographer, an estimator, a private investigator, an engineer, and a handwriting expert;
(6)    a licensed health care provider, or an employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; or
(7)    a person who settles subrogation claims between insurers.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-403 - License Required

(a)    Except as otherwise provided in this subtitle, a person must obtain a license before the person acts as a public adjuster in the State.
(b)    Marketing on behalf of a public adjuster, as defined in §�10–401 of this subtitle, does not require a license.
(c)    A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-404 - Qualifications of Applicants

(a)    To qualify for a license, an applicant must be:
(1)    an individual who meets the requirements of subsection (b) of this section; or
(2)    a business entity that meets the requirements of subsection (c) of this section.
(b)    (1)    An individual applicant must be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public.
(2)    Except as otherwise provided in this subsection, an individual applicant shall:
(i)    pass a written examination given by the Commissioner under this subtitle in order to determine the competency of the applicant to act as a public adjuster; and
(ii)    pay the license fee required by § 2–112 of this article.
(3)    The examination requirement of paragraph (2) of this subsection does not apply to an individual who was licensed as a public adjuster in the State on June 30, 1985.
(4)    An individual applicant who fails an examination may not take another examination until at least 14 days after the date of the last examination that the applicant failed.
(c)    A business entity applicant must:
(1)    be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public;
(2)    employ one or more individual licensed public adjusters; and
(3)    pay the applicable license fee required by § 2–112 of this article.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-405 - Applications for Initial Licenses

(a)    An applicant for an initial license shall file with the Commissioner an application on the form that the Commissioner provides.
(b)    The application form shall require:
(1)    the name and address of the applicant;
(2)    whether any other insurance license or certificate has been issued to the applicant;
(3)    for a business entity applicant:
(i)    the name of the individual licensed public adjuster employed by the business entity who is designated to act as the business entity’s principal contact with the Administration; and
(ii)    the name and address of each licensed public adjuster employed by the business entity, each individual who has direct control over its fiscal management, each owner, partner, member, or manager of the business entity, and each director of a business entity that is a corporation; and
(4)    any other information that the Commissioner requires of applicants to enable the Commissioner to determine the trustworthiness and competence of the applicant to transact business as a public adjuster so as to safeguard the interests of the public.
(c)    An application shall be signed under oath:
(1)    in the case of an individual applicant, by the applicant; or
(2)    in the case of an applicant that is a business entity, by an individual who has direct control over its fiscal management, an owner, partner, member, or manager of the business entity, or a director of a business entity that is a corporation.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-408.1 - Reinstatement of License

(a)    For up to 1 year after the expiration date, a person whose public adjuster’s license has expired may reinstate the expired license by:
(1)    filing with the Commissioner the appropriate reinstatement application;
(2)    paying to the Commissioner the applicable reinstatement fee required under subsection (b) of this section; and
(3)    submitting proof of completion of the continuing education requirements in § 10–408 of this subtitle.
(b)    (1)    The fee for a reinstatement under this section shall be:
(i)    the amount charged for a full renewal period for the type of license held by the person seeking the reinstatement; and
(ii)    a reinstatement fee of $100.
(2)    The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of military service, temporary incapacity, hospitalization, or other hardship.
(c)    A person whose public adjuster’s license has expired is prohibited from acting as a public adjuster until the effective date of reinstatement of the license.
(d)    (1)    If a person applies for reinstatement of an expired license within 60 days after the license expired, the Commissioner shall reinstate the license retroactively, with the reinstatement effective on the date that the person’s license expired.
(2)    If a person applies for reinstatement of an expired license more than 60 days after the license expired, the Commissioner shall reinstate the person’s license prospectively, with the reinstatement effective on the date that the license is reinstated.
(e)    A person who does not comply with subsection (a) of this section on or before 1 year after the expiration date shall apply for a license under § 10–405 of this subtitle and meet the requirements specified by the Commissioner in regulation.
(f)    The Commissioner may adopt regulations to carry out this section.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-409 - Waiver of License Requirement for Nonresident

(a)    (1)    Except as otherwise provided in this section, the Commissioner shall waive the license requirements for an applicant who is not a resident of the State if:
(i)    the applicant has a valid public adjuster license from the home state of the applicant; and
(ii)    the home state of the applicant awards nonresident public adjuster licenses to residents of the State on the same basis.
(2)    If neither the state where the public adjuster maintains a principal place of residence nor the state where the public adjuster maintains a principal place of business has a law governing public adjusters substantially similar to this subtitle, the public adjuster may declare another state where the public adjuster is licensed and acts as a public adjuster to be the public adjuster’s home state for purposes of this subtitle.
(b)    Unless denied a license under § 10–410 of this subtitle, a person who is not a resident of the State may obtain a nonresident license to act as a public adjuster if:
(1)    the person currently is licensed as a resident public adjuster and in good standing in the person’s home state;
(2)    the person files an application on the form that the Commissioner provides;
(3)    the person has paid the applicable fee pursuant to § 2–112 of this article; and
(4)    the person’s home state awards nonresident public adjuster licenses to residents of this State on the same basis.
(c)    A person who is not a resident of this State and whose home state does not issue a public adjuster license must meet the license requirements of §§ 10–404 and 10–405 of this subtitle.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-409.1 - Prohibited Inducements

(a)    Except as otherwise expressly provided by law, a person may not pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, any valuable consideration to an insured as an inducement to use the services of a public adjuster.
(b)    A public adjuster may pay a commission, service fee, or any other valuable consideration to a person only if that person is required to be licensed, and is licensed, as a public adjuster.
(c)    A person may not accept a commission, service fee, or any other valuable consideration if the person is required to be licensed, but is not licensed, as a public adjuster.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-412 - Deposit of Settlement Funds

A public adjuster who receives, accepts, or holds any funds on behalf of an insured toward the settlement of a claim for loss or damage shall deposit the funds in a noninterest–bearing escrow or trust account in a financial institution that is federally insured in the public adjuster’s home state or where the loss occurred.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-413 - Records

(a)    (1)    A public adjuster shall maintain a complete record of each transaction entered into as a public adjuster.
(2)    The records required by this section shall include:
(i)    the name of the insured;
(ii)    the date, location, and amount of the loss;
(iii)    a copy of the contract between the public adjuster and the insured;
(iv)    the name of the insurer and the amount, expiration date, and number of each policy carried with respect to the loss;
(v)    an itemized statement of the insured’s recoveries;
(vi)    an itemized statement of all compensation received by the public adjuster, from any source, in connection with the loss;
(vii)    a register of all money received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including:
1.    fees, transfers, and disbursements from a trust account; and
2.    all transactions concerning all interest–bearing accounts;
(viii)    the name of the public adjuster who executed the public adjuster contract;
(ix)    the name of the attorney representing the insured, if applicable; and
(x)    the name of the claims representative of the insurance company.
(b)    (1)    The records shall be:
(i)    maintained for at least 5 years after the termination of the transaction with an insured; and
(ii)    open to examination by the Commissioner at all times.
(2)    Any records required to be maintained under this section may be stored in an electronic format.
(c)    Records submitted to the Commissioner in accordance with this section that contain information that the public adjuster identifies in writing as proprietary:
(1)    shall be treated as confidential by the Commissioner; and
(2)    may not be subject to Title 4, Subtitle 2 of the General Provisions Article.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-414 - Duties

(a)    A public adjuster is obligated to:
(1)    serve with objectivity and complete loyalty the interest of the client alone;
(2)    render to the insured the information, counsel, and service that will best serve the insured’s insurance claim needs and interests, within the knowledge, understanding, and opinion in good faith of the public adjuster; and
(3)    disburse insurance settlement payments received on behalf of the insured within 15 business days after the date of the payment from an insurer.
(b)    A public adjuster may not allow an unlicensed employee or representative of the public adjuster to conduct business for which a license is required under this subtitle.
(c)    Unless full written disclosure has been made to the insured in accordance with § 10–411 of this subtitle, a public adjuster may not have a direct or indirect financial interest in any aspect of a claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured.
(d)    A public adjuster may not acquire any interest in salvage of property subject to a public adjuster contract with the insured unless the public adjuster obtains written permission from the insured.
2023 Maryland Statutes › Insurance › Title 10 - Regulation of Insurance Professions › Subtitle 4 - Public Adjusters › Section 10-415 - Ethical Requirements

(a)    A public adjuster shall adhere to the following general ethical requirements:
(1)    a public adjuster may not undertake the adjustment of any claim if the public adjuster is not competent and knowledgeable as to the terms and conditions of the insurance coverage, or that otherwise exceeds the public adjuster’s current expertise;
(2)    a public adjuster may not make a statement that the public adjuster knows to be false or with reckless disregard as to the statement’s truth or falsity concerning the qualifications or integrity of any person engaged in the business of insurance to any insured client or potential insured client;
(3)    a public adjuster may not represent or act as a company adjuster or as an independent adjuster on the same claim;
(4)    the public adjuster contract may not be construed to prevent an insured from pursuing any civil remedy after the rescission or cancellation period under § 10–411(h) of this subtitle; and
(5)    a public adjuster may not enter into a contract or accept a power of attorney that vests in the public adjuster the effective authority to choose the persons who shall perform repair work.
(b)    A public adjuster may not agree to any loss settlement without the insured’s knowledge and consent.