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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 33. INSURANCE |
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Chapter 2. DEPARTMENT AND COMMISSIONER OF INSURANCE |
| § 33-2-1. Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally |
| § 33-2-2. Seal of Commissioner |
| § 33-2-3. Organization of department by Commissioner |
| § 33-2-4. Appointment and removal of chief deputy insurance commissioner and other deputies |
| § 33-2-5. Appointment of personnel; possession of financial interest; additional remuneration for services |
| § 33-2-6. Delegated authority |
| § 33-2-7. Maintenance of records, books, or papers by Commissioner generally; furnishing of copies; disposal of records |
| § 33-2-8. Annual report of Commissioner |
| § 33-2-8.1. Purpose of Code section; preparation by Commissioner of supplemental report on property and casualty insurance; contents of report; request for information |
| § 33-2-8.2. Commissioner's quarterly report to legislative committees on insurance; contents |
| § 33-2-9. Rules and regulations |
| § 33-2-10. Issuance and service of orders and notices |
| § 33-2-11. Examination of insurers and organizations; effect of insurer's change of domicile from Georgia |
| § 33-2-12. Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters |
| § 33-2-13. Access of Commissioner to records; correction of inadequate or incorrect accounts |
| § 33-2-14. Preparation of written reports of examinations generally; certification of reports; admissibility in evidence; notice and hearing on reports; use of examination documents |
| § 33-2-15. Payment of expenses of examinations; immunity of examiners |
| § 33-2-16. Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony |
| § 33-2-17. Conduct of hearings by Commissioner generally; demands for hearings |
| § 33-2-18. Place of hearings; hearings to be open to public |
| § 33-2-19. Notice of hearings generally |
| § 33-2-20. Notice to show cause |
| § 33-2-21. Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument |
| § 33-2-22. Adjournment of hearings; effect of nonattendance |
| § 33-2-23. Issuance of order on hearing; contents |
| § 33-2-24. Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties |
| § 33-2-25. Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter |
| § 33-2-26. Judicial review of actions of Commissioner -- Persons entitled to appeal; procedure generally |
| § 33-2-27. Judicial review of actions of Commissioner -- Pleading and procedure; powers of reviewing court generally |
| § 33-2-28. Judicial review of actions of Commissioner -- Scope of review; disposition of action by reviewing court |
| § 33-2-29. Disposition of amounts collected under title generally; allowance of refunds and credits |
| § 33-2-30. Limitation period for issuance of notice of deficiency assessment or execution thereon; waiver of limitations |
| § 33-2-31. Extension of time for filing tax return or paying tax; payment of interest by taxpayer granted extension |
| § 33-2-32. Fees |
| § 33-2-33. (For effective date, see note) List of written requests for assistance by citizens against insurers |
REFS & ANNOS
TITLE 33 Chapter 2 NOTE
CROSS REFERENCES. --Requirements pertaining to regulations, standards, and plans required to be filed by Insurance Commissioner with Secretary of State, § 50-13-21.
ADMINISTRATIVE RULES AND REGULATIONS. --Organization, practice and procedure, Official Compilation of Rules and Regulations of State of Georgia, Rules of Comptroller General Insurance Department, Chapters 120-2-1 through 120-2-2.
JUDICIAL DECISIONS
INVESTIGATION DOES NOT REQUIRE HEARING. --The investigative powers of the Insurance Commissioner under this title are not restricted only to those instances in which a hearing is pending. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
IF HEARING HELD, PROCEDURAL REQUIREMENTS MUST BE MET. --In the event a hearing does take place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of this title before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
ACTION INVOLVING INSURANCE VIOLATIONS. --A consumer class action complaint asserting various claims against an insurance company, including claims for fraud, Georgia RICO, and breach of contract was erroneously dismissed on the basis that the Insurance Commissioner had exclusive jurisdiction and that plaintiffs were required to exhaust their administrative remedies before the Insurance Commissioner before filing an action in court. Griffeth v. Principal Mut. Ins. Co., 243 Ga. App. 618, 533 S.E.2d 126 (2000).
OPINIONS OF THE ATTORNEY GENERAL
RULE-MAKING PROCEDURES. --The Insurance Department may utilize rule-making procedures of Ch. 2, T. 33 in lieu of rule-making procedures outlined in § 50-13-21. 1982 Op. Att'y Gen. No. 82-10.
ADMINISTRATIVE RULES AND REGULATIONS. --Organization, practice and procedure, Official Compilation of Rules and Regulations of State of Georgia, Rules of Comptroller General Insurance Department, Chapters 120-2-1 through 120-2-2.
JUDICIAL DECISIONS
INVESTIGATION DOES NOT REQUIRE HEARING. --The investigative powers of the Insurance Commissioner under this title are not restricted only to those instances in which a hearing is pending. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
IF HEARING HELD, PROCEDURAL REQUIREMENTS MUST BE MET. --In the event a hearing does take place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of this title before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
ACTION INVOLVING INSURANCE VIOLATIONS. --A consumer class action complaint asserting various claims against an insurance company, including claims for fraud, Georgia RICO, and breach of contract was erroneously dismissed on the basis that the Insurance Commissioner had exclusive jurisdiction and that plaintiffs were required to exhaust their administrative remedies before the Insurance Commissioner before filing an action in court. Griffeth v. Principal Mut. Ins. Co., 243 Ga. App. 618, 533 S.E.2d 126 (2000).
OPINIONS OF THE ATTORNEY GENERAL
RULE-MAKING PROCEDURES. --The Insurance Department may utilize rule-making procedures of Ch. 2, T. 33 in lieu of rule-making procedures outlined in § 50-13-21. 1982 Op. Att'y Gen. No. 82-10.