Georgia Administrative Code

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 …

In all adjudications open to the public, persons desiring to broadcast, record, or photograph any portion of the hearing must file a timely written request with the Adjudicator prior to the hearing. The request shall specify the particular hearing for which such coverage is reque…

(1) An interested person may, by petition setting forth all the facts, obtain declaratory rulings by the Commissioner as to the applicability of any rule or order of the Commissioner. (2) An interested person may, by petition setting forth all the facts, obtain declaratory ruling…

(1) Except to the extent provided for in this rule, proceedings by the Department for an alleged unfair method of competition or an unfair or deceptive act or practice shall be in conformity with the provisions of Rules -120-2-2-.50. (a) a hearing shall be held not less than fift…

When the grant, denial of renewal of any license, not specifically provided for in these rules, is required by law to be preceded by notice and opportunity for hearing, the provisions of Rules -120-2-2-.50 shall apply.

(1) A licensed resident agent or broker may solicit applications for and issue policies of personal travel accident or baggage insurance by means of mechanical vending machines if he obtains a vending machine license for each such machine supervised by him. For each vending machi…

(1) Any person, while licensed as a resident agent or broker as to Property, Casualty and Surety insurance, and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker. The applicant shall submit a completed form GID-109, entit…

(1) Upon request, the Commissioner issues letters of certification, indicating the license history or status of anyone who has held or currently holds an insurance license in this State. This information is furnished on form GID-111, attached hereto as "Exhibit K", and incorporat…

(1) Kinds of Bonds Required: (a) To secure a broker's license, whether resident or nonresident, along with the application, a bond must be submitted on form GID-112, entitled "Insurance Broker's Bond", attached hereto as "Exhibit L", and incorporated herein; (b) To secure a publi…

Complying with the pertinent regulations, an insurer may seek approval of a training course by submitting a complete outline of the subjects to be taught each hour, the instructor for each subject, using a minimum of forty (40) hours of actual classroom instructions, a resume of …

(1) Action by this Division is instigated by either a written complaint or a personal visit to the office by a complainant. (2) A record is made of the complaint. Such record contains the name of the complainant, the person or party against whom the complaint is made and a statem…

(1) Filing Policies: (a) All domestic foreign and alien life and accident and sickness insurers doing business within the State of Georgia shall file a single copy of each policy form used by such insurers with duplicate letters of transmittal; (b) Policies filed with this divisi…

(a) Any entity that is required by law, regulation, bid or request for proposal to submit to an agency records that it wishes to be confidential under O.C.G.A. Section 50-18-72(a)(34), shall attach to the records an affidavit that includes the following: (1) An affirmative declar…

(1) Purpose of Rate Regulation Statutes (2) Filing of Rates, Rating Plans, Rating Systems, Underwriting Rules, Policy and Bond Forms (3) Insurer's Membership in Rating Organizations (4) Prior Approval of Policy and Bond Forms (5) Changes in Rates, Rating Plans, Rating Systems and…

It is hereby determined that the commission of any of the following acts or practices by any insurer, agent, counselor, solicitor or broker transacting property, marine, casualty or surety insurance in Georgia constitutes an unfair method of competition and an unfair and deceptiv…

No property, casualty, credit, marine and transportation, or vehicle insurance policy providing first party insurance coverage for loss or damage to any type of real or personal property shall contain a contractual limitation requiring commencement of a suit or action within a sp…

(1) An agreement between an insurer and a provider shall not include a most favored nation clause or an upper limit trigger clause. (2) Definitions: (a) "Most favored nation clause" means any clause or combination of clauses in an agreement between an insurer and a provider that:…

If any rule or portion thereof contained in this Chapter is held invalid by a court of competent jurisdiction, the remainder of the rules herein and the applicability of such provisions to other circumstances shall not be affected thereby.

This Chapter is promulgated by the Commissioner of Insurance pursuant to the authority set forth in O.C.G.A. §§ 33-2-9 and 33-22-1et seq.

(1) Each application for an original license as an Insurance Premium Finance Company shall be made on Form GID-21, entitled "Application for License as an Insurance Premium Finance Company." Fees shall be remitted in accordance with O.C.G.A. § 33-8-1. (2) Each application for a r…

(1) Each application for an original license as an Insurance Premium Finance company shall be accompanied by a Form GID-23, entitled "Biographical Questionnaire and Affidavit." A separate form shall be completed and executed: (a) in the case of a sole proprietor, by the sole prop…

(1) Death of a proprietor shall terminate the license; provided, however, that if notice of such death is furnished to the Commissioner and the Commissioner is satisfied, by examination or otherwise, that the interests of insureds and insurers have been adequately protected, he m…

(1) If the licensee engages in any other business, the records relating to the insurance premium finance business shall be kept separate from the records of any other business. (2) Every licensee shall preserve every premium finance contract and all documents relating thereto (an…

Any licensee which enters into a premium finance agreement shall notify the insurer of the existence of such agreement within twenty (20) days of the date such agreement is signed.

(1) In case of an application to the Georgia Automobile Insurance Plan where the policy information is not immediately available, the Premium Finance Contract shall show "Georgia Automobile Insurance Plan" and all descriptive information pertaining to the policy which is known. (…

Any person failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties as may be appropriate under the insurance laws of this State.

If any provision of this Regulation Chapter, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the Regulation Chapter or the applicability of such provision to other persons or circumstances shall not …

(1) The term "variable annuity contract" shall mean any individual or group contract issued by an insurance company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated po…