The self-insurance certificate of any self-insured may be suspended, cancelled, denied, or not renewed, after reasonable notice and opportunity to be heard, for the following reasons:
A. Failing to maintain:
- (1) The security or bond required by the Administration,
- (2) The dedicated claim reserve fund as established in Regulation .04 of this chapter,
- (3) An adequate dollar reserve fund for open claims, or
- (4) The information as set forth in the application and sworn to by the applicants;
- B. Committing an unfair claim settlement practice as set forth in COMAR 31.15.07.03, when relevant and applicable as determined by the Administration;
C. Failing to:
- (1) Make claim files available for inspection by authorized Administration personnel under Regulation .03A(4) of this chapter,
- (2) Release information regarding open or closed claims to an authorized representative of the Administration,
- (3) Respond to claimants and adjust claims in a timely manner, consistent with general automobile insurance industry standards,
- (4) Cooperate in an audit or investigation conducted by Administration personnel during an audit of the self-insured's records or financial status, or
- (5) Maintain proper proportional registration when applicable;
- D. A determination by the Administration that the self-insured is financially insolvent or that the appropriate security levels have decreased to the point that the Administration determines there may be a diminishing level of protection afforded;
- E. Knowingly allowing anyone to operate or to attempt to operate, or failing to take adequate precautions to reasonably limit access to operate, a vehicle insured under a self-insurance program in an unlawful manner or by a person not qualified to do so under the laws of Maryland.
Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland
Effective date: December 1, 1973
Amended effective July 21, 1976 (3:15 Md. R. 792)
Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)
Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)
Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)
Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)
Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)
Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)
Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)
Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)
Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)