reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Act means the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
(2) "Administration" means the Maryland Insurance Administration.
(3) "Applicant" means a person or governmental unit that asks to inspect a public record.
(4) "Custodian" means:
(a) The official custodian; or
(b) An authorized person who has physical custody and control of a public record of the Administration.
(5) "Official custodian" means the Insurance Commissioner of the Maryland Insurance Administration.
(6) "Public record" means:
(a) The original or any copy of any documentary material that is made or received by State government in connection with the transaction of public business and is in any form, including a:
(i) Card;
(ii) Computerized record;
(iii) Correspondence;
(iv) Drawing;
(v) Film or microfilm;
(vi) Form;
(vii) Map;
(viii) Photograph or photostat;
(ix) Recording; or
(x) Tape; or
(b) A document that lists the salary of an employee of the Administration.
(7) "Working day" means a day other than Saturday, Sunday, or State holiday.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.03 - Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person or governmental unit may request to the Insurance Commissioner, in writing, to inspect or copy public records of the Administration.
B. A written request shall contain:
(1) The applicant's name ;
(2) The applicant's mailing address or electronic mail address; and
(3) A brief description of the record sought.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.04 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian grants a written request, the custodian shall produce the record for inspection immediately, or within a reasonable period needed to retrieve the public record, not to exceed 30 days after receipt of the written request.
B. If the custodian denies the written request, the custodian shall do so promptly, but not later than 30 days after receipt of the written request. Within 10 working days, the custodian shall provide to the applicant a written statement that gives:
(1) The reason for the denial and, if the denial is based on General Provisions Article, §
										4-343, Annotated Code of Maryland, a brief explanation of why the denial is necessary;
(2) The legal authority for the denial;
(3) Without disclosing the protected information, a brief description of the denied public record that will enable the applicant to assess the applicability of the legal authority for the denial; and
(4) Notice of the remedies as stated in General Provisions Article, §§
										4-1A-04,  4-1B-04, and  4-362, Annotated Code of Maryland, for review of the denial.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.05 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is in the custody and control of the custodian but is not immediately available for inspection or copying, within 10 working days after mailing the notification of the grant of a written request, the custodian shall notify the applicant and set a date and hour within a reasonable time for inspection or copying, or both.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.06 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian denies a written request, the applicant may file an action with the circuit court pursuant to General Provisions Article, §
									4-362, Annotated Code of Maryland, without exhausting the administrative remedy under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.07 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. The official custodian may temporarily deny the request in writing, if the official custodian believes the inspection of the public record would cause substantial injury to the public interest.
B. Within 10 working days of the denial, the official custodian shall petition the appropriate circuit court for an order permitting continued denial or restriction of access.
C. Notice of the application filed with the circuit court shall be served on the applicant as provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.08 - Inspection of Insurance Licensing Data for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a compelling public purpose exists under General Provisions Article, §
									4-333(c)(1), Annotated Code of Maryland, the custodian may permit inspection of insurance licensing data, including the application record, on individuals other than that data specified under General Provisions Article, §
									4-333(b), Annotated Code of Maryland, as set forth in this regulation.
B. Complaints, including the number, nature, and administrative status of the complaints, against the individual who is the subject of the insurance licensing record may be disclosed if the person requesting the disclosure:
(1) Has entered into a contract or is employing the services of the insurance licensee who is the subject of the request;
(2) Contemplates entering into a contract or employing the services of the insurance licensee who is the subject of the request;
(3) Has filed a complaint against the individual who is the subject of the insurance licensing record and the request is limited to those documents relating to this complaint.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.09 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule for copies of records is as follows:
(1) Copies. The fee for each copy is 20 cents per page if reproduction is made by a photocopying machine within the Administration. If records are not susceptible to photocopying (for example, punch cards, magnetic tape, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction.
(2) Diskettes. The fee for each reproduction made on compact disc or other type of diskette is $5.
(3) Minimum Fee Charged. Except as provided in §A(2) of this regulation, if the total amount of the fee is $5 or less, there is no charge.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.05 - Public Information Act Requests › Section 31.02.05.10 - Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time of Inspection. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Insurance Administration.
B. Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to quasi-legislative hearings that the Insurance Commissioner conducts to gather information before making a decision or taking an action.
B. This chapter does not apply to contested case hearings.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.02 - Relation to Other Laws

Current through Register Vol. 51, No. 14, July 12, 2024
The procedural requirements of this chapter are in addition to the procedural requirements of any other applicable provision of law.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.03 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A notice of a hearing held under this chapter shall include:
A. The time and location of the hearing;
B. The purpose of the hearing; and
C. Any other information required by applicable law.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.04 - Conduct and Control of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The Insurance Commissioner or a designee of the Insurance Commissioner shall determine the conduct of a hearing held under this chapter, including:
A. The order of presentation; and
B. Time limits for questions and testimony.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.05 - Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Insurance Commissioner or a designee of the Insurance Commissioner may:
(1) Request the attendance of persons to testify or the production of documents;
(2) Issue a subpoena requiring the attendance of persons to testify or the production of documents; and
(3) Require testimony to be given under oath.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.06 - Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the discretion of the Maryland Insurance Administration and unless otherwise required by law, the Administration or a court reporter service shall stenographically record verbatim or tape record a hearing held under this chapter.
B. If a court reporter service records the hearing, a person who desires a copy of a transcript of the recording may purchase a copy from the court reporter service.
C. If an employee of the Maryland Insurance Administration records the hearing:
(1) The Maryland Insurance Administration shall keep the tape recording or stenographic recording with the original record of the hearing; and
(2) A person who desires a copy of the transcript of the recording, if one is made, may purchase a copy from the Maryland Insurance Administration for a reasonable cost in accordance with COMAR 31.02.05.09.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.07 - Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Insurance Commissioner or a designee of the Insurance Commissioner controls the record of a hearing held under this chapter.
B. The Insurance Commissioner or a designee of the Insurance Commissioner shall assemble a record that consists of:
(1) The notice of the hearing;
(2) Exhibits and documents entered into the record;
(3) The register of all persons who attended the hearing including their names, addresses, and any affiliations relevant to the hearing;
(4) In accordance with Regulation .06 of this chapter, any:
(a) Full or partial transcript of the hearing made or purchased by the Maryland Insurance Administration; and
(b) Tape or stenographic recording of the hearing made by the Maryland Insurance Administration; and
(5) If applicable, the final decision of the Insurance Commissioner or a designee of the Insurance Commissioner.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.08 - Postponement and Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
The Insurance Commissioner or a designee of the Insurance Commissioner has sole discretion to:
A. Postpone or continue a hearing; and
B. Keep the record open beyond the date of the hearing.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 02 - POWERS AND DUTIES - HEARINGS › Chapter 31.02.06 - Procedures for Quasi-Legislative Hearings › Section 31.02.06.09 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise required by law, a party who is aggrieved by a final decision issued by the Insurance Commissioner, or a designee of the Insurance Commissioner, at the conclusion of a hearing held under this chapter, may file a petition for judicial review in the Circuit Court for Baltimore City within 30 days after the date of the final decision.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.01 - Temporary Licensees › Section 31.03.01.01 - Individual Business Continuation Cases

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a qualified and licensed resident insurance producer should die, become mentally or physically disabled, or enter upon active service in the armed forces of the United States of America, the Insurance Commissioner will give consideration to the issuance of temporary licenses to an individual who comes under one of the categories listed in Insurance Article, §
									10-120(a), Annotated Code of Maryland. Except in unusual circumstances, consideration will not be given to any nonresident applicant.
B. The grant of authority given to an approved applicant will be restricted to the same kinds of insurance only for which the insurance producer whom the applicant is replacing was qualified and licensed.
C. Any renewal application for a temporary license shall be stamped received in the Insurance Administration in advance of the expiration of the existing temporary license.
D. If the insurance business of the original insurance producer is sold, transferred, or otherwise disposed of, any temporary license to continue that business shall be terminated and the licensee shall return the license or licenses to the Insurance Administration for cancellation. Further licenses will not be issued in that case.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.01 - Temporary Licensees › Section 31.03.01.03 - Revocation of Temporary Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A temporary license which has been issued under the provisions of the Insurance Article and this chapter may be revoked in accordance with provisions of the Insurance Article, §
									10-126, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.01 - Temporary Licensees › Section 31.03.01.04 - Issuance of Temporary License

Current through Register Vol. 51, No. 14, July 12, 2024
A temporary license for a life or health insurance producer may not be issued to any applicant affiliated or to be affiliated with an appointing insurer if to do so would increase the appointing insurer's proportion of resident insurance producers temporarily licensed to resident insurance producers permanently licensed to 10 percent or more, based upon statistics for the previous calendar year.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.01 - Temporary Licensees › Section 31.03.01.05 - Issuance of Appointments

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer may not issue an appointment to act as a temporary life or health insurance producer if to do so would increase the proportion of resident insurance producers temporarily licensed by the insurer to resident insurance producers permanently licensed to 10 percent or more, based upon statistics for the previous calendar year.
B. The Insurance Commissioner may, at the discretion of the Insurance Commissioner, allow an insurer to exceed the 10 percent limitation stated in §A of this regulation if the Insurance Commissioner reasonably believes that the limitation would impose an undue burden on the conduct of the insurer's business in Maryland.
C. In determining whether to allow an insurer to exceed the 10 percent limitation stated in §A of this regulation, the Insurance Commissioner shall consider the total number of resident insurance producers appointed by the insurer and the length of time the insurer has been doing business in Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to an individual licensed resident or nonresident insurance producer who seeks to renew a license under Insurance Article, Annotated Code of Maryland, but does not apply to an individual holding the type of license described in Insurance Article, §
									10-116(b), Annotated Code of Maryland.
B. The following types of courses are not considered to be continuing education courses and are outside the scope of this chapter:
(1) A course that is designed for preparing an applicant for the examination given to obtain an initial license as an insurance producer; and
(2) A course designed to prepare a person for an examination in a kind or subdivision of insurance that the insurance producer seeks to add to the insurance producer's existing license.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.04 - Holders of Expired Licenses Who Seek Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The holder of an expired license who seeks reinstatement of the license under Insurance Article, §
									10-116.1, Annotated Code of Maryland, shall fulfill the continuing education requirements for the renewal period that concluded on the day before the immediately preceding expiration date of the licensed insurance producer's license in order to qualify for reinstatement.
B. A licensed insurance producer who does not have sufficient hours of continuing education on the day before the most recent expiration date of the license will have all hours of continuing education earned on or after the expiration date credited toward the requirement for the renewal period that concluded on the day before the license expired.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.05 - Nonresident Licensed Insurance Producers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A nonresident licensed insurance producer whose state of residence has a continuing education requirement shall fulfill all of the requirements of the state of residence, and the continuing education requirements of Maryland may not be applicable to the licensed insurance producer.
B. A nonresident licensed insurance producer whose state of residence does not have a continuing education requirement shall fulfill Maryland continuing education requirements, which may be fulfilled entirely through correspondence courses.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.06 - Licensed Insurance Producer Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed insurance producer shall:
(1) M aintain a record of the certificate of course completion received for 4 years following the date that the course was completed; and
(2) Upon request, submit with the renewal application each certificate of course completion needed to fulfill the licensed insurance producer's hours of continuing education for the renewal period.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.07 - Approval of Courses

Current through Register Vol. 51, No. 14, July 12, 2024
A. A continuing education course shall be submitted to the Commissioner for approval. The Commissioner may approve a course only if the course imparts substantive and procedural knowledge relating to the insurance field.
B. The Commissioner may not approve course covering any of the following subject areas:
(1) A course in office or business skills, including typing, speed reading, or the use of computers, calculators, or other machines or equipment;
(2) A course in office management, client relations, or other matters aimed at improving the operation of the person's business; or
(3) A course in salesmanship or product promotion, stress management, time management, psychology, motivation, or written or oral communications.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.08 - Submission of Courses for Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall submit to the Commissioner:
(1) A fully completed course approval package consisting of the following forms provided by the Commissioner;
(a) Request for approval of continuing education course,
(b) Course coordinator information,
(c) Course instructor information and approval form,
(d) Certificate of course completion, and
(e) Checklist of items that must accompany the course approval package;
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.09 - Submission of Courses for Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. At least 90 days prior to the expiration of a course's approval, the Commissioner shall mail to the provider of the approved course a notice that states:
(1) The course name, the course content code, the course number, and the date on which the course approval expires;
(2) The date by which the Commissioner must receive the request to renew; and
(3) The fee charged for reviewing continuing education courses submitted for renewal.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.10 - Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall:
(1) Comply with this chapter for each of the provider's approved courses;
(2) Use in all communication with the Commissioner or the Commissioner's designee the provider identification number assigned by the Commissioner;
(3) Use course coordinator who meets the qualifications specified in this chapter;
(4) Use approved instructor; and
(5) Notify the Commissioner of the replacement of a course coordinator.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.11 - Course Coordinators

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall ensure that each approved continuing education course has at least one course coordinator who is responsible for:
(1) Supervising the administration of the course; and
(2) Compliance with this chapter.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.12 - Instructors

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall ensure that each continuing education course approved by the Commissioner is taught by an instructor who has been approved by the Commissioner as meeting the qualifications specified in this chapter.
B. The provider shall submit to the Commissioner a course instructor information and approval form for each instructor of an approved course.
C. An instructor shall possess one or more of the following qualifications:
(1) A minimum of 2 years experience in the subject matter being taught;
(2) A degree in the subject matter being taught; or
(3) A minimum of 2 years recent experience as a licensed insurance producer and a minimum of 6 months practical experience in the subject matter being taught.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.13 - Advertising of Approved Courses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §D of this regulation, a [sponsor] provider may not advertise or distribute promotional materials unless the course has been approved by the Commissioner.
B. Advertisements and promotional materials may not be deceptive or misleading and shall, at a minimum, clearly identify the number of [credit] hours of continuing education for which a course has been approved and the fee for taking the course.
C. A provider of an approved course who advertises or promotes [courses] a course that has not been approved or a course that is not eligible for approval shall prominently state that no hours of continuing education can be earned by taking the course.
D. A provider may request, in writing, permission to advertise a course before approval is obtained from the Commissioner by submitting:
(1) A letter specifically requesting permission to advertise the course before approval is obtained; and
(2) With the course approval package, all advertisements or promotional materials that will be used before approval and which shall prominently include the words "approval from the Insurance Administration pending".
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.14 - Prohibited Practices

Current through Register Vol. 51, No. 14, July 12, 2024
The following practices by a provider, course coordinator, or instructor are prohibited:
A. Offering or teaching a course that is not approved or that is not in substantial conformity with the course completion package submitted to and approved by the Commissioner;
B. Promoting a particular insurance agency or insurance company or products of the agency or company; and
C. Requiring, as a condition of receiving a certificate of course completion, that students participate in other programs or services offered by the provider, course coordinator, or instructor.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.15 - Powers of the Commissioner

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, the Commissioner's designee, or the members of an advisory board may audit all course offerings with or without notice to the provider, course coordinator, or instructor of the course.
B. The Commissioner may suspend or revoke the approval of a course for any of the following violations of this chapter:
(1) Failure of the instructor to follow the approved course content;
(2) Failure to use a course coordinator meeting the qualifications specified in this chapter;
(3) Failure to use an approved instructor;
(4) Failure to notify the Commissioner of the date, time, location, and instructor of a course offering in accordance with Regulation 11C(2)(b) of this chapter; or
(5) Failure to report a course completion roster in accordance with Regulation .10C of this chapter.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.16 - Waiver of the Continuing Education Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to §B of this regulation, the continuing education requirements may be waived for a licensed insurance producer who:
(1). Submits a written request for a waiver; and
(2). Is determined by the Commissioner, in the Commissioner's discretion, to warrant the waiver.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.02 - Insurance Producers- Continuing Education Requirements › Section 31.03.02.17 - Advisory Boards

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner may appoint a life and health advisory board and a property and casualty advisory board as provided by Insurance Article, §
									10-110(b)  and (c), Annotated Code of Maryland, for the purpose of reviewing the course approval packages submitted to the Commissioner and making recommendations on approval or disapproval of courses.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Business day" means any calendar day except Saturday, Sunday, or a legal holiday.
(2) "Carrier" means a person that is:
(a) An insurer that holds a certificate of authority in the State and provides insurance in the State;
(b) A health maintenance organization that is licensed to operate in the State;
(c) A nonprofit health service plan that is licensed to operate in the State; or
(d) Any other person or organization that provides insurance or health benefit plans subject to State insurance regulation.
(3) "Operating account" means an account owned by an insurance producer containing monies that are utilized primarily for the day to day operation of the insurance producer's business.
(4) "Personal account" means an account owned by an individual who is an insurance producer containing monies that are utilized primarily for the individual's personal expenses.
(5) "Premium" has the meaning stated in Insurance Article, §
										1-101, Annotated Code of Maryland.
(6) "Premium account" means an account in a bank or banks authorized to do business in this State or subject to jurisdiction of this State containing premium monies or voluntary deposits, from which withdrawals may not be made except as specified in COMAR 31.03.03.02C.
(7) "Prompt remittance " means remittance of premium monies to carriers or insureds not later than the close of the fifth business day following receipt of the funds.
(8) "Voluntary deposit" means a deposit into a premium account in excess of aggregate net premiums, return premiums, and deposits received but not remitted, made for the purpose of maintaining a minimum balance, to guarantee the adequacy of the account, or to pay premium due but uncollected.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.02 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Premium Account. An insurance producer that does not make prompt remittance of a carrier or insured's premium shall maintain such premium in one or more premium accounts, which shall be separate from any operating accounts or personal accounts.
B. Commingling of Premium.
(1) An insurance producer acting as such in this State:
(a) May not commingle any premium account with any operating account or personal account.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.03 - Account Current System

Current through Register Vol. 51, No. 14, July 12, 2024
In the case of an insurance producer operating under an account current system, maintenance at all times in one or more premium accounts of at least the net balance of premiums as determined by either actual or average commissions, return premiums, and deposits received but not remitted, shall be construed as compliance with this chapter, provided that the funds so held for each carrier are readily ascertainable from the insurance producer's records.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.04 - Substantial Interest

Current through Register Vol. 51, No. 14, July 12, 2024
In those instances when the officers, directors, or principal management of a carrier have a substantial interest in either the conduct or operation of the agency or brokerage business, or when the officers, directors, or principal management of an agency or brokerage business have a substantial interest in the conduct or operation of the carrier, the agency or brokerage business shall maintain one or more premium accounts to be used exclusively for any premium collected from the carrier, which shall be separate from premium accounts for other carriers.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.05 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.03 - Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds › Section 31.03.03.06 - Severability

Current through Register Vol. 51, No. 14, July 12, 2024
If any section of this chapter or its application to any person or circumstances is held unauthorized by law, the remaining sections of the chapter and the application of the provisions to other persons or circumstances may not be affected thereby.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.04 - Regulation Restricting Licensed Producers to Placing Maryland Risks for State Citizens with Authorized Insurers › Section 31.03.04.01 - Unfair Trade Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to:
(1) Reinsurance of the liability of an admitted insurer;
(2) Insurance against perils of navigation, transit, or transportation upon hulls, freights or disbursements, or other personal property and interest therein, in the course of exportation from or importation into any country, or transportation coastwise, including transportation by land or water from point of origin to final destination and including war risks; and marine builder's risks, dry docks, and marine railways, including insurance of ship repairer's liability, and protection and indemnity insurance, but excluding insurance covering:
(a) Bridges and tunnels,
(b) Pleasure craft that are under 60 feet in length and are owned and used for pleasure and not for business, hire, or other commercial use,
(c) Fishing vessels under 50 gross tons weight that are not part of a fleet of three or more vessels, or
(d) Charter or head boats under 50 gross tons that are not part of a fleet of three or more vessels;
(3) Aircraft insurance;
(4) Insurance on property or operations of railroads engaged in interstate commerce; and
(5) Insurance effectuated in accordance with the Surplus-Line Insurance Law, Insurance Article, Title 3, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. (text unchanged)
B. Except as provided in Insurance Article, §
									10-309, Annotated Code of Maryland, this chapter does not apply to a bail bondsman who provides bail bondsman services under Criminal Procedure Article, §
									5-203, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. (text unchanged)
B. Terms Defined.
(1) "Affidavit" means a dated written or printed statement of facts, made voluntarily, and confirmed by oath or affirmation of the person making it, taken before an individual having authority to administer such oath or affirmation in connection with posting a bail bond pursuant to Maryland Rule 4-217.
(2) "Appointment" has the meaning set forth in Insurance Article, §
										1-101, Annotated Code of Maryland.
(3) "Authorized insurer" has the meaning set forth in Insurance Article, §
										1-101, Annotated Code of Maryland.
(4) "Bail bond" has the meaning set forth in Insurance Article, §
										10-301, Annotated Code of Maryland.
(5) "Bail bond application" means a written request to a surety insurer for a bail bond that sets forth the required information to purchase a policy of surety insurance.
(6) "Bail bondsman" means a surety insurance producer who is appointed by a surety insurer to solicit, negotiate, or procure bail bonds on behalf of that surety insurer.
(7) "Bail bondsman services" means any conduct relating to the sale, solicitation, negotiation, or procurement of a bail bond, and includes the posting of a bail bond.
(8) "Balance amount" means the amount of premium owed by a person under an installment agreement after subtracting the down payment from the premium.
(9) "Commissioner" means the Maryland Insurance Commissioner.
(10) "Indemnity agreement" means a written surety agreement that is entered into by a bail bondsman and a person who agrees to indemnify a bail bondsman or surety insurer.
(11) "Installment agreement" means a written agreement between a bail bondsman and a person in which the person agrees to pay, and the bail bondsman agrees to accept, the payment of a premium for a bail bond using installment payments.
(12) "Insurance producer" has the meaning set forth in Insurance Article, §
										1-101, Annotated Code of Maryland.
(13) "Licensed insurance producer" has the meaning set forth in Insurance Article, §
										1-101, Annotated Code of Maryland.
(14) "Property bail bondsman" has the meaning set forth in Criminal Procedure Article, §
										5-209, Annotated Code of Maryland.
(15) "Surety insurance" has the meaning set forth in Insurance Article, §
										1-101, Annotated Code of Maryland.
(16) "Surety insurance producer" means a licensed insurance producer who, for compensation, sells, solicits, negotiates, or procures surety insurance contracts and is appointed by an authorized surety insurer to act as an insurance producer.
(17) "Surety insurer" has the meaning set forth in Insurance Article, §
										10-301, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.03 - Prohibited Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer may not:
(1) Directly or indirectly pay any commission, fee, reward, or other consideration for the sale, solicitation, negotiation, or procurement, or for influencing the sale, solicitation, negotiation, or procurement of, a bail bond to any person unless that person is a bail bondsman, and is appointed by the surety insurer; or
(2) Delegate its authority to appoint a bail bondsman.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.04 - Conduct of Business by a Bail Bondsman

Current through Register Vol. 51, No. 14, July 12, 2024
The business of a bail bondsman may be conducted by an individual, partnership, or corporation, provided that an individual who sells, solicits, negotiates, or procures bail bonds shall be a bail bondsman.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.05 - Appointments

Current through Register Vol. 51, No. 14, July 12, 2024
A. A bail bondsman shall:
(1) Before conducting business as a bail bondsman, be appointed by a surety insurer to provide bail bondsman services; and
(2) Comply with the requirements of Maryland Rule 4-217.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.06 - Suspension or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A bail bondsman who makes a misleading or false representation to a court or to a public official for the purpose of avoiding a forfeiture of bail, having a forfeiture set aside, or obtaining the release of a defendant on the defendant's own recognizance, shall be in violation of Insurance Article, §
									10-126(a)(6), (13), and (14), Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.07 - Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A. A bail bondsman shall issue a bail bond that complies with Insurance Article, §
									27-216, Annotated Code of Maryland.
B. Except as provided in §C of this regulation, it shall be an unfair trade practice and a violation of the Insurance Article, §
									27-216, Annotated Code of Maryland, for a bail bondsman to sell, solicit, procure, or negotiate a bail bond if:
(1) A surety insurer has an approved premium rate for both cash bail bonds and corporate surety bail bonds;
(2) The premium rates differ for cash bail bonds and corporate surety bail bonds; and
(3) A defendant is sold a bail bond with the higher premium rate.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.08 - Indemnity Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
An indemnity agreement shall:
A. Contain the signatures of the bail bondsman providing the bail bondsman services and the person signing the indemnity agreement;
B. Be executed prior to the issuance of a bail bond;
C. Contain the printed name and insurance producer license number of the bail bondsman providing the bail bondsman services;
D. Require the person signing the indemnity agreement to pay, and the bail bondsman to collect, the premium for the bail bond that is issued:
(1) At the time the indemnity agreement for the bail bond is executed by the bail bondsman and the person signing the indemnity agreement; or
(2) Through installment payments pursuant to a written installment agreement that complies with the requirements set forth in Regulation .09 of this chapter; and
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.09 - Installment Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An installment agreement shall be signed by a bail bondsman and the person who has agreed to pay the additional premium in installments.
B. The installment agreement shall be written in the form adopted under Regulation .15 of this chapter and shall contain the following information:
(1) The amount of the bail bond;
(2) The amount of the premium;
(3) The amount of the down payment;
(4) The amount of the balance owed;
(5) The total number of installment payments required to pay the balance;
(6) The amount and due date of each installment payment;
(7) The printed name and insurance producer license number of the bail bondsman executing the installment agreement;
(8) The printed name of the bail bond insurance producer firm and its insurance producer license number, if the bail bondsman is employed or otherwise engaged by a bail bond insurance producer firm; and
(9) The criminal case number for which bail was posted and the installment agreement entered.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 03 - INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS › Chapter 31.03.05 - Bail Bonds › Section 31.03.05.10 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A bail bondsman shall maintain for a period of 5 years after termination of the surety liability all documentation collected, prepared, and produced by the bail bondsman in the course of providing bail bondsman services, which shall include, but is not limited to, the following:
(1) Evidence of the return of any security or collateral, including a receipt evidencing the return or repayment of the security or collateral;
(2) Copies of the affidavit made in connection with posting a bond or an indemnity agreement or collateral received; and
(3) Copies of all written representations made to any court or to any public official for the purpose of avoiding a forfeiture of bail, setting aside a forfeiture of bail, or causing a defendant to be released on the defendant's own recognizance.