Subject 120-2-2. PRACTICE AND PROCEDURE

The Adjudicator has all authority necessary to conduct fair, expeditious, and impartial adjudications. Such authority includes the authority to: 1. administer oaths and affirmations; 2. issue subpoenas authorized by law; 3. receive relevant evidence and rule upon the admission of…

1. Impartiality. The Adjudicator must conduct her/his functions in an impartial manner. 2. Recusal of Adjudicator. a. Recusal by Adjudicator. The Adjudicator may at any time recuse her/himself. b. Disqualification Sought by Party. i. Before the filing of the Adjudicator's decisio…

For any portion of the adjudication (including in connection with any conference or hearing), the Adjudicator must take due account of any disclosed physical or mental disability of a party, limited participant, representative, or witness.

1. Any party or limited participant who anticipates a need for an interpreter during any part or all of an adjudication must promptly notify the Adjudicator and identify any specific language and dialect for which an interpreter is needed and the participant or participants who w…

1. All documents filed with the Department or offered for the administrative record of an adjudication must be in the English language or accompanied by an authenticated English translation. 2. An affidavit in English by a person who does not understand English must include a sep…

1. Except as required for the disposition of ex parte matters authorized by law, the Adjudicator may not consult a person or party on any matter relevant to the merits of the adjudication, unless on notice and opportunity for all parties to participate. This provision does not, h…

1. The Adjudicator may not be responsible to, or subject to the supervision or direction of, personnel engaged in the performance of investigative or prosecutorial functions for the Department. 2. No officer, employee, or agent of the Department engaged in investigative or prosec…

1. The rights of a Party are determined by statute, these rules, and other applicable law. 2. The Adjudicator may, pursuant to statute, these rules, or other applicable law, restrict an intervenor's participation. 3. A limited participant may make oral submissions, written submis…

1. Any person may appear in an adjudication on her/his own behalf, by an attorney, or, if permitted by the Adjudicator or Department, by an authorized representative who qualifies under this rule. Each person, attorney, or authorized representative must file a notice of appearanc…

1. Necessary Information. A filed document must state clearly: a. the name of the Department; b. the name of the adjudication; c. the name and designation (such as "applicant" "petitioner," or "respondent") of the filing party; d. the type of filing (e.g., petition, notice, motio…

1. Service. All documents in the adjudication must be served as set forth below. a. Service by the Department. The Department or the Adjudicator must serve one copy of all subpoenas, orders, notices, decisions, rulings on motions, and similar documents issued by the Department or…

1. Until the adjudication concludes, or the Adjudicator or Agency has made a dispositive ruling, a party must amend or supplement a previously filed document upon learning that the filing is incomplete or incorrect in some material respect. 2. The Adjudicator may approve other am…

1. In computing any time period prescribed in these rules, the day from which the designated period begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or state holiday. Intermediate Saturdays, Sundays, and state hol…

1. How Made. a. All motions must state the basis for the specific relief requested and be in writing, except as provided in Rule . b. Unless the Adjudicator orders otherwise, a motion may be made orally during a conference or hearing. After providing an opportunity for response, …

1. Upon a party's request, a subpoena for testimony, records, or things shall be issued by the Department. 2. Upon motion of a person served with a subpoena (or by a party), the Adjudicator may quash or modify the subpoena for good cause shown. 3. Subpoenas must be served on all …

1. Withdrawal. a. An adjudication may be withdrawn without an order of the Adjudicator i. by filing a stipulation of all parties who have appeared in the adjudication, or ii. by filing a notice of withdrawal by the party initiating the adjudication at any time before another part…

1. An adjudication is initiated when a party files a petition. 2. The petition may be sent to the Department by either: a. Mail: ATTN: Administrative Procedure Division, Department of Insurance 2 Martin Luther King Jr. Dr. 716 West Tower, Floyd Bldg. Atlanta, GA 30334, or b. Emai…

1. Consolidation. The Adjudicator may, upon a party's motion or on her/his own authority, with reasonable notice and opportunity to object provided to all parties affected, consolidate any or all matters at issue in two or more adjudications docketed under these rules where commo…

1. Any person who desires to participate in an adjudication as an intervenor must file a motion to intervene. Unless ordered otherwise by the Adjudicator, a motion to intervene must be filed not later than 15 days after initiation of the adjudication. 2. A motion to intervene mus…

1. A person wishing to participate in an adjudication other than as a party must file a motion to participate as a limited participant. The motion must state concisely the reasons why the movant wishes to participate in the adjudication and the extent of participation desired. 2.…

1. Availability. The parties may have the opportunity to submit a settlement to the Adjudicator or submit a request for alternative dispute resolution under Rule . 2. Form. A settlement must be in the form of a proposed settlement agreement, a consent order, and a motion for its …

1. The Adjudicator may require all parties to prepare prehearing statement(s) at a time and in the manner to be established by the Adjudicator. 2. Prehearing statement(s) must, unless the Adjudicator orders otherwise, set forth briefly the following matters: a. issues involved in…

1. Any party may, after commencement of the adjudication and at least 30 days before the date fixed for the hearing, move with or without supporting affidavits for full or partial summary decision in her/his favor. Any other party may, within 20 days after service of the motion, …

1. Unless the Department provides otherwise, the Adjudicator is responsible for scheduling the hearing with due regard for the convenience and expense to the parties, their representatives, and witnesses, and the availability of suitable hearing facilities and other relevant fact…

1. The Adjudicator has discretion, as consistent with agency policy and practice, to determine what type or manner of hearing is appropriate, including in-person hearings or remote hearings conducted by video conference or teleconference. 2. Before permitting the use of remote he…

1. 2. The Adjudicator, upon motion of a party or upon her/his own authority, may sequester witnesses to ensure that their testimony will not be influenced by the testimony of other witnesses. 3. As part of her/his sequestration order, the Adjudicator must notify the affected witn…

The Adjudicator may enter summary decision against a party for failure to appear at a scheduled hearing unless that party shows good cause for the failure to appear.

1. The Adjudicator may apply the rules of evidence as applied in the trial of civil nonjury cases in the superior courts and may, when necessary to ascertain facts not reasonably susceptible of proof under such rules, consider evidence not otherwise admissible in superior court i…

1. Unless the Adjudicator orders otherwise, the parties must redact all evidence proffered for admission in the same manner as required under Rule (Form and Content of Filed Documents; Privacy Protections for Filings). The provisions of Rule concerning filing under seal, waiver, …

The Adjudicator may officially notice such matters as might be judicially noticed by courts or such facts within the specialized knowledge of the Department as an expert body. When a decision or part thereof rests on the official notice of a material fact not appearing in the evi…

1. The parties may stipulate in writing at any stage of the adjudication, or agree orally at the hearing, to any or all pertinent facts in the adjudication, unless the stipulation is determined by the Adjudicator to be contrary to law. Stipulations may be received in evidence bef…

1. The Adjudicator may accept and enter into the administrative record direct testimony of witnesses made by verified written statement rather than by oral presentation at the hearing. Witnesses whose testimony is presented by verified written statement must be available for cros…

1. Witnesses must testify under oath or affirmation. Interpreters must also ascribe by oath or affirmation to the accuracy of the translation. 2. To the extent that cross-examination is permissible or required under Rule (Admissibility of Evidence) or other law, cross-examination…

1. All exhibits offered in evidence by a party must be marked for identification before or during the hearing and must be numbered and marked with a designation identifying the sponsor. The Original of each exhibit offered in evidence or marked for identification must be filed an…

1. Fees. Witnesses, other than employees of the Department or employees otherwise compensated by another agency or employer, summoned in an adjudication are entitled to the same fees and mileage as witnesses in the courts of the State of Georgia, and witnesses whose depositions a…

1. In any case involving an administrative enforcement order, or the revocation, suspension, amendment, or non-renewal of a license, the holder of the license and the person against whom an order is issued shall bear the burden as to any affirmative defenses raised. 2. A party ch…

1. At the conclusion of the hearing, the Adjudicator, unless ordering otherwise, must close the administrative record. Once the administrative record is closed, no additional evidence will be accepted except upon a showing that the evidence is material and that there was good cau…

1. Before the Adjudicator's decision and upon such terms that the Adjudicator may find reasonable, any party is entitled to file a brief, and propose findings of fact, conclusions of law, and orders. The Adjudicator has discretion to hear oral argument. Any brief, proposed findin…

1. All hearings must be recorded and made part of the administrative record. Exhibits admitted into evidence, or exhibits proffered and rejected by the Adjudicator and placed in a rejected exhibit file, and evidentiary stipulations at the hearing, become part of the administrativ…

The Adjudicator must prepare a decision containing: 1. findings of fact, conclusions of law, and discretionary determinations based on consideration of the whole administrative record; 2. an order recommending the final disposition of the case, including relief, if appropriate; 3…

1. A decision that has otherwise become final may be reopened: a. upon the Adjudicator's order, within 30 days of the notice of the decision to correct a clerical error or for good cause shown; b. upon a party's motion to reopen for good cause filed within 60 days of the notice o…

1. Interlocutory review should be handled on an expedited basis. 2. A party that seeks interlocutory review of an adjudicator's decision, or part thereof, must file a petition with the Adjudicator. The petition must: a. be filed with the Adjudicator within 10 days after the Adjud…

1. Any party may file with the Department a petition for review within 30 days after issuance of the Adjudicator's decision. Two or more parties may join in the same petition. 2. A petition for review, no more than 2000 words, must be filed only upon one or more of the following …

The Adjudicator must decide each matter on the basis of the whole administrative record.

1. Unless the Commissioner orders otherwise, a party must file a brief in support of its petition for review within 30 days after the Commissioner grants the petition. If a petitioner fails to file a timely brief, the order granting review may be vacated. Other parties may file a…

When a petition for review has been filed the Commissioner may permit oral argument in his/her discretion. The order scheduling a case for oral argument must contain the allotment of time for each party and order of presentation for oral argument before the Commissioner.

1. Upon conclusion of the hearing, the Adjudicator will write a reasoned opinion explaining his findings of facts and conclusions of law and furnish each party a copy within fifteen (15) days after concluding the hearing. 2. The Adjudicator, will certify the entire record of the …