There is created the Department of Insurance of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this title. History. Ga. L. 1912, p. 119, § […]
Orders and notices of the Commissioner shall be effective only when they are in writing and signed by him or by his authority. Every such order shall state its effective date and shall state concisely: Its intent or purpose; The grounds on which it is based; and The provisions of this title pursuant to which […]
Whenever the Commissioner shall deem it expedient, the Commissioner shall examine, either in person or by some examiner duly authorized by the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this state and any other facts relative to its business methods, management, and dealings with policyholders. […]
For the purpose of ascertaining their compliance with this title, when he deems it necessary in the public interest, the Commissioner may examine the affairs, accounts, records, documents, and transactions of: Any insurance agent, subagent, broker, counselor, adjuster, or any other person licensed under this title; Any person having a contract under which he enjoys […]
Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the Commissioner the accounts, records, documents, and files in his possession or control relating to the subject of the examination. Such officers, employees, and representatives shall facilitate such examination and aid the examiners as far as it is in […]
The Commissioner may make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witnesses. The report shall be certified by the Commissioner or by the examiner in charge of the examination and when so certified, after filing […]
At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the […]
With respect to the subject of any examination, investigation, or hearing conducted by him or his duly authorized representative, the Commissioner may take depositions, subpoena witnesses, administer oaths or affirmations, examine any individual under oath, and compel the production of records, books, papers, and other documents. Witness fees and mileage, if claimed, shall be allowed […]
The Commissioner may hold hearings for any purpose within the scope of this title as he may deem necessary. He shall hold a hearing: If required by any provision of this title; or Upon written demand for a hearing made by any person aggrieved by any act, threatened act, or failure of the Commissioner to […]
The hearing shall be held at the place designated by the Commissioner and shall be open to the public. History. Code 1933, § 56-219, enacted by Ga. L. 1960, p. 289, § 1. Cross references. Administrative hearings in contested cases generally, § 50-13-13 et seq.
Not less than ten days in advance the Commissioner shall give notice of the time and place of the hearing stating the matters to be considered at the hearing. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the Commissioner shall give notice to […]
The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor. History. Code 1933, § 56-202, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2011, p. 99, § 45/HB 24. Editor’s notes. Ga. L. 2011, p. 99, § 101/HB 24, not […]
If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such person shows cause at a hearing to be […]
The hearing shall be presided over by the Commissioner or his designated representative. The Commissioner shall allow any party to the hearing to appear in person or by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence […]
The Commissioner may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing. The validity of any hearing held in accordance with the notice thereof shall not be affected by failure of any person to attend the hearing or to […]
Within 30 days after termination of the hearing or of any rehearing or reargument, the Commissioner shall make his order thereon covering matters involved in the hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of the hearing. The order shall contain a […]
Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this title or by any rule, regulation, or order of the Commissioner promulgated or issued pursuant to this title […]
Nothing contained in this chapter is intended to limit or repeal any power or authority elsewhere granted the Commissioner or the superior courts in the enforcement of this title. Nor shall any grant of authority or power contained in this chapter be read to imply that such grant of authority or power was not conferred […]
An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner has refused or […]
The form of proceeding for judicial review shall be by a petition for review in the Superior Court of Fulton County, a copy of which shall be served upon the Commissioner immediately. The proceedings on the petition for review shall be governed by the provisions of Chapter 3 of Title 5, except to the extent […]
