Nuger v. State Insurance Commissioner

Henderson, J., delivered the opinion of the Court. This appeal presents a narrow question as to the timeliness of an appeal to the Superior Court of Baltimore City from an order of the Insurance Commissioner revoking the “qualifications” of the appellants to engage in the insurance business in Maryland. The order was declaratory in form, probably because subsequent to the institution of the proceedings on April 24, 1962, the license of the A.A. Insurance Agency Inc., expired on April 30, 1962, and there was no request for a renewal. The Commissioner found, however, that the Agency held itself out as an insurance broker in May, 1962, and collected premiums without being authorized to do so.

The Commissioner also found that the appellants, Lillian S. Nuger and Caswell G. Nuger, President and Secretary-Treasurer of the Agency, had broken the law in conducting the Agency business, and should not be again licensed to engage in the insurance business in Maryland. There is no contention that the case is moot. Cf. Close v. Southern Md. Agr.

Asso., 134 Md. 629 . The court below dismissed the appeal from the order of the Insurance Commissioner on the ground that it was not filed within thirty days from the order. The order was issued on June 1, 1962, and mailed to the appellants on June ⁵⁴⁵ 6, 1962. The appeal was filed on July 5, 1962.

The appellee filed a motion to dismiss. Both sides seem to agree that the proceeding was instituted under Code (1957), Art. 48 A, sec. Ill, providing for the revocation or suspension of a license on grounds there stated. That section provides for an appeal to “the Superior Court of Baltimore City, when said offense occurred in Baltimore City, or by the circuit court of any of the counties of the State wherein such offense or offenses complained of occurred.” Cf.

Art. 48 A, sec. 14. But although a hearing is obviously contemplated, on charges duly served, there is no requirement that notice of the decision be served on the person or persons charged. Hence, the appellee contends, the time for filing an appeal is fixed by Maryland Rule B4 a, covering appeals from administrative agencies, which provides: “An order for appeal shall be filed within thirty days from the date of the action appealed from, except that where the agency is by law required to send notice of its action to any person, such order for appeal shall be filed within thirty days from the date such notice is sent * * *.” There is nothing in sec. Ill to bring this case within