Appeals from actions or decisions

Any person aggrieved by any action or decision of the administrators of the plan, the underwriting association, or of any insurer as a result of its participation in the plan may appeal to the Commissioner within 30 days from the date of the action or the decision. The Commissioner, after a hearing held upon proper notice, shall issue an order approving the action or decision or disapproving the action or decision with respect to the matter which is the subject of appeal. All final orders and decisions of the Commissioner shall be subject to judicial review as provided in Chapter 2 of this title. History. — Ga. L. 1970, p. 282, § 5; Ga. L. 1975, p. 22, § 5; Code 1981, § 33-33-10; Code 1981, § 33-33-7, as redesignated by Ga. L. 1995, p. 629, § 1; Ga. L. 2019, p. 386, § 109/SB 133. The 2019 amendment, effective July 1, 2019, added ‘‘as provided in Chapter 2 of this title’’ at the end of the last sentence of this Code section. Editor’s notes. — Ga. L. 1995, p. 629, § 1, repealed former Code Section 33-33-7, relating to effect of failure of insurer to pay assessments and redesignated former Code Section 33-33-10 as Code Section 33-33-7, effective April 18, 1995. Former Code Section 33-33-7 was based on Ga. L. 1970, p. 282, § 8; Ga. L. 1975, p. 22, § 8. 33-33-8. Temporary insurance coverage for local public entity filing appeal of adverse underwriting decision. (a) For the purposes of this Code section, the term ‘‘local public entity’’ means a county, municipality, or local board of education. (b) In the event the insurance coverage of a local public entity filing an appeal of an adverse underwriting decision of the association established pursuant to this chapter is scheduled to cancel or expire while such appeal is pending, the Commissioner shall direct the association to provide coverage authorized under this chapter on a temporary basis to the local public entity as provided in this Code section. (c) It shall be the duty of the local public entity to notify the Commissioner in writing at the same time the appeal is filed of the date its existing insurance coverage is to cancel or expire. Failure of the local public entity to notify the Commissioner as provided in this subsection shall render the local public entity ineligible for the temporary coverage authorized by this Code section. Upon receiving such notice, the Commissioner shall direct the association to provide coverage autho618 33-33-11 rized under this chapter to the local public entity, shall specify the date such coverage is to be effective, and shall specify the date of termination of such coverage, which shall not be set prior to the date of the Commissioner’s final order disposing of the issues on appeal. The premium for the temporary coverage provided by this Code section shall be paid in full by the local public entity at the time the coverage is issued by such method and in such manner as directed by the Commissioner. (d) Upon receipt of the notice from the public entity specified in subsection (c) of this Code section, the Commissioner shall notify such entity of the emergency property protection measures, if any, which will be required during the period of temporary coverage. Such measures may include the following: (1) Protection of physically damaged property from further damage; (2) Prevention or limitation of access to the premises; (3) Disconnection of utilities; (4) Installation of locks, alarms, or security lighting; (5) Inspections of the premises; or (6) Provision of security guards. (e) After ordering the temporary coverage required under subsection (b) of this Code section, the Commissioner shall cause notice of such action and any emergency protection measures pertaining to such coverage to be published in the legal organ of the county in which the property is located. History. — Code 1981, § 33-33-10.1, enacted by Ga. L. 1993, p. 320, § 1; Code 1981, § 33-33-8, as redesignated by Ga. L. 1995, p. 629, § 1; Ga. L. 2019, p. 386, § 110/SB 133. The 2019 amendment, effective July 1, 2019, deleted ‘‘existing’’ following ‘‘In the event the’’ near the beginning of subsection (b). Editor’s notes. — Ga. L. 1995, p. 629, § 1, redesignated former Code Section 33-33-8 as present Code Section 33-33-5. 33-33-9 and 33-33-10. Redesignated as Code Sections 33-33-6 and 33-33-7 by Ga. L. 1995, p. 629, § 1, effective April 18, 1995. Editor’s notes. — Ga. L. 1995, p. 629, § 1, redesignated former Code Sections 33-33-9 and 33-33-10 as present Code Sections 33-33-6 and 33-33-7, respectively. 33-33-11. Termination date; outstanding obligations unimpaired.