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Maryland Insurance Commissioner v. Central Acceptance Corporation et al., No. 7, September Term, 2011. STATUTORY INTERPRETATION - PLAIN MEANING RULE - PREMIUM FINANCING ACT - ALLOWABLE INTEREST CHARGES ON PREMIUM FINANCE AGREEMENTS - Section 23-304 of the Insurance Article prohibits premium finance companies from collecting interest on loans to MAIF customers in excess of 1.15% for any 30-day period. Premium finance companies are allowed, however, to charge interest on insurance policies that are later voided ab initio, so long as the interest charged does not exceed 1.15% for each 30 days (or pro rata period thereof) during which money was advanced on behalf of a consumer. ADMINISTRATIVE LAW - DUE PROCESS - "COMMAND INFLUENCE" - Where there is no tangible evidence of a supervisor's improper influence over a subordinate who is authorized by statute to conduct an administrative hearing and render a final decision, there is no due process violation. Where an administrative-hearing officer is deciding only a question of law, any alleged "command influence" is cured by the non-deferential standard of review used by a reviewing court. ADMINISTRATIVE LAW - RULEMAKING VERSUS ADJUDICATION - Where there is no change in existing law or regulation, and an agency is merely applying existing law to the undisputed facts of a specific case, the agency is not required to proceed by formal rulemaking. ADMINISTRATIVE LAW - PROCEDURAL IRREGULARITIES - An agency's failure to follow proper procedures will only be overturned by a reviewing court if a "substantial right" of the complaining party was violated and, if so, only in the case where prejudice occurred. INSURANCE LAW - POWERS OF THE COMMISSIONER OF THE MARYLAND INSURANCE ADMINISTRATION - Though not expressly conferred by statute, the Commissioner of the Maryland Insurance Administration has the implied authority to issue cease-and-desist orders to enforce the provisions of the Insurance Article.

Circuit Court for Baltimore City Case No. 24-C-09-000942

IN THE COURT OF APPEALS OF MARYLAND No. 7 September Term, 2011

MARYLAND INSURANCE COMMISSIONER v. CENTRAL ACCEPTANCE CORPORATION et al.

Bell, C.J., Harrell Battaglia Greene Adkins Barbera Eldridge, John C., (Retired, Specially Assigned), JJ.

Opinion by Harrell, J.

Filed: December 20, 2011

In 2008, Petitioner, the Maryland Insurance Commissioner ("Commissioner"), issued a Cease-and-Desist Order to Respondents purporting to prevent them from charging interest on loans to consumers to pay automobile insurance premiums in excess of the statutory maximum prescribed in Maryland Code (1957, 2011 Repl. Vol), Insurance Article,

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Maryland Law