GEORGIA CODE (Last Updated: August 20, 2013) |
Title 33. INSURANCE |
Chapter 13. INSURANCE HOLDING COMPANY SYSTEMS |
Section 33-13-15. Aggrieved persons; appeal of actions of Commissioner; mandamus
Latest version.
- (a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this chapter may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that, if all parties including the Commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this Code section shall stay the application of any such rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors, or the public.
(c) Any person aggrieved by any failure of the Commissioner to act or make a determination required by this chapter may petition the Superior Court of Fulton County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination immediately.
Code 1933, § 56-3413, enacted by Ga. L. 1970, p. 257, § 1; Ga. L. 1982, p. 3, § 33; Code 1981, § 33-13-14; Code 1981, § 33-13-15, as redesignated by Ga. L. 2013, p. 802, § 1/HB 312.