Section 33-57-5. Additional service and notice requirements for rate increases; depositions and discovery

   (a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance or health benefit plan rate filing:

   (1) Which alone or in combination with any previous rate filing would result in a rate increase of:

      (A) Any amount, but no decrease shall be subject to such provisions; provided, however, that

      (B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly discriminatory, and any correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall require by rule or regulation that financial information of insurers, including a summary of products offered, basic rates applicable to such products, financial statements, officers' salaries, notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quarterly basis; or

   (2) Made within 36 months after any rate filing described by paragraph (1) of this subsection

shall also be served on the advocate, and the advocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. A notice of such filing shall be sent to the advocate certified mail or statutory overnight delivery, return receipt requested. The department or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to appear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the advocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner. Until such time as the General Assembly specifically appropriates funds in an appropriations Act for the consumers' insurance advocate and such funds are available for expenditure, the filings required by this subsection shall not be required and shall not be made.

(b) In any case of a rate filing which is subject to the provisions of subsection (a) of this Code section, the advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the department or by the Commissioner in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. Copies of materials and information obtained through such discovery shall be made available to the department. The superior courts and judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.

Code 1981, § 33-57-5, enacted by Ga. L. 1999, p. 335, § 2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2012, p. 701, § 2/HB 786.