Md. Code Regs. 31.01.01.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 31.01.01.03 - Procedure

A. Each regulation made, amended, altered, or modified shall be deemed to contain or be subject to the provisions of this regulation, whether or not it is incorporated by reference or by express language.

B. References. Any reference to articles not otherwise designated means articles of the Annotated Code of Maryland, as amended, as of the date of effectiveness of the subject regulation. Any reference to the Article or the Insurance Article or to an individual article not otherwise designated means Insurance Article, Annotated Code of Maryland. Any Code section reference not otherwise designated means the section of the Insurance Article so numbered. Any section, subsection, paragraph, or subparagraph reference not designated as a Code section and not otherwise designated means the section, subsection, paragraph, or subparagraph so numbered of the regulation in which the reference appears.

C. Definitions.

(1) Unless a word is expressly defined in this title and the definition is applicable to a regulation or part of a regulation, any word used in any regulation shall have the meaning provided in the Insurance Article if applicable and as limited in the Insurance Article, including the list of definitions contained in Regulation .04 of this chapter.

(2) Notwithstanding §C(1) of this regulation, in the case of a conflict between a definition in the Insurance Article and a definition in this title, the definition in the Insurance Article is controlling.

D. Interpretation. If there is an ambiguity in a regulation which permits an interpretation or application to a person or circumstance in conflict with the Insurance Article, the ambiguity shall be resolved so as to be in conformity with the Insurance Article.

E. Penalties. In addition to any other penalty provided, willful violation of any regulation issued under the provisions of Insurance Article, § 2-109, Annotated Code of Maryland, shall subject the violator to such penalties as may be applicable under the Insurance Article for violation of the provision to which the regulation relates. A penalties section reference list is attached as Regulation .05 of this chapter but it should not be construed to represent necessarily a complete listing of all penalties provided in the Insurance Article.

F. Severability. If any provision of any regulation or the application of the regulation to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the regulation which can be given effect without the invalid provision or application, and for this purpose the provisions of every regulation are declared to be separable.

G. Gender and Number. The use of a masculine form in any regulation is deemed to include the feminine form unless the contrary is explicitly stated or clearly implied. The use of the singular of any word in any regulation is deemed to include the plural unless the contrary is explicitly stated or clearly implied.

H. "Includes" or "including" means, unless the context requires otherwise, includes or including by way of illustration and not by way of limitation.

Md. Code Regs. 31.01.01.03

Regulation .03C amended effective May 23, 2005 (32:10 Md. R. 926)
Regulation .03H adopted effective January 1, 2003 (29:20 Md. R. 1591)