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MARYLAND STATUTES AND CODES

Section 2-202 - Discrimination in underwriting and rate-setting practices.

§ 2-202. Discrimination in underwriting and rate-setting practices.
 

(a)  Exclusive jurisdiction of Commissioner; exception.-  

(1) Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Commissioner has exclusive jurisdiction to enforce by administrative action the laws of the State that relate to the underwriting or rate-setting practices of an insurer. 

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

(b)  Powers of Human Relations Commission.- When the Commissioner has exclusive jurisdiction under subsection (a) of this section, the Human Relations Commission may: 

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

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

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

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

(5) appeal as a party aggrieved by an order or decision of the Commissioner under § 2-215 of this subtitle or § 11-503 of this article. 

(c)  Notice of hearing.- The Commissioner shall notify the Human Relations Commission of any hearing scheduled on a complaint about alleged discriminatory practices. 

(d)  Information about complaint.- On request of the Human Relations Commission and unless the complainant objects, the Commissioner shall give the Human Relations Commission all information about any complaint about alleged discriminatory practices received by the Commissioner. 

(e)  Guidelines for hearing.- The Commissioner and the Human Relations Commission shall set guidelines for determining when allegations in a complaint about alleged discriminatory practices are sufficient to warrant a hearing. 
 

[An. Code 1957, art. 48A, § 25; 1995, ch. 36; 1997, ch. 70, § 1.] 
 

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