Section 8-319 - Investigations by Commissioner. - Maryland Statutes

§ 8-319. Investigations by Commissioner.
 

(a)  On complaint.-  

(1) A person aggrieved by the conduct of a person registered or required to be registered under this subtitle may file a written complaint with the Commissioner. 

(2) On receipt of a complaint, the Commissioner shall investigate the complaint. 

(b)  On initiative of Commissioner.- The Commissioner may investigate any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle or a regulation adopted under it. 

(c)  Investigative powers.- Without limitation of the powers granted to the Commissioner under Title 2 of this article, in connection with an investigation under this section, the Commissioner may: 

(1) examine the books and records of a person registered under this subtitle or any other person that the Commissioner believes has violated this subtitle or a regulation adopted under it; 

(2) subpoena documents and other evidence; and 

(3) summon and examine under oath a person whose testimony the Commissioner requires. 

(d)  Submission of books and records.- For the purpose of conducting an investigation under this section, the Commissioner may not require an administrator to submit to the Commissioner, more than once in a 12-month period, any books or records of a plan administered by the administrator unless the Commissioner has reasonable cause to believe that a violation of this subtitle or a regulation adopted or order issued under it exists. 

(e)  Use of information.- Subject to subsection (f) of this section, the Commissioner may make available information about a matter that may be subject to an investigation to: 

(1) the National Association of Insurance Commissioners; 

(2) a unit of state or federal government; and 

(3) a person that is the subject of the investigation. 

(f)  Confidentiality of trade secrets and commercial information.- Unless disclosure is required by a court of competent jurisdiction in a legal proceeding, the Commissioner shall keep confidential and may not disclose a trade secret or commercial information contained in: 

(1) an administrator's books, records, or other documents; or 

(2) data provided by the administrator, including the identity and address of persons covered by a plan. 
 

[An. Code 1957, art. 48A, § 690; 1995, ch. 36.]