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Georgia Statutes, Title 33

Georgia/Statutes

← All Georgia coverage

Title 33

73 chapters · 1,492 sections in this title.

All chapters in Title 331,492 Ch 24, INSURANCE GENERALLY134 Ch 14, DOMESTIC STOCK AND MUTUAL INSURERS78 Ch 11, INVESTMENTS72 Ch 23, LICENSING62 Ch 37, INSURERS REHABILITATION AND LIQUIDATION59 Ch 9, REGULATION OF RATES, UNDERWRITING RU…49 Ch 15, FRATERNAL BENEFIT SOCIETIES38 Ch 5, REGULATION OF UNAUTHORIZED INSURERS37 Ch 41, CAPTIVE INSURANCE COMPANIES34 Ch 20, HEALTH CARE PLANS33 Ch 3, AUTHORIZATION AND GENERAL REQUIREMEN…32 Ch 2, DEPARTMENT AND COMMISSIONER31 Ch 17, RECIPROCAL INSURERS31 Ch 21, HEALTH MAINTENANCE ORGANIZATIONS31

31 sections·Filtered byTitle 33✕Ch 2✕

O.C.G.A. § 33-2-1 Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally
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There is created the Department of Insurance of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this ti…
O.C.G.A. § 33-2-10 Issuance and service of orders and notices
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(a) Orders and notices of the Commissioner shall be effective only when they are in writing and signed by him or by his authority. (b) Every such order shall state its effective date and shall state concisely: (1) Its intent or purpose; (2) The grounds on which it is based; and (…
O.C.G.A. § 33-2-11 Examination of insurers and organizations; effect of insurer’s change of domicile from Georgia
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(a) Whenever the Commissioner shall deem it expedient, the Commissioner shall examine, either in person or by some examiner duly authorized by the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this s…
O.C.G.A. § 33-2-12 Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters

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For the purpose of ascertaining their compliance with this title, when he deems it necessary in the public interest, the Commissioner may examine the affairs, accounts, records, documents, and transactions of: (1) Any insurance agent, subagent, broker, counselor, adjuster, or any…

O.C.G.A. § 33-2-13 Access of Commissioner to records; correction of inadequate or incorrect accounts

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(a) Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the Commis59 sioner the accounts, records, documents, and ﬁles in his possession or control relating to the subject of the examination. Such officers, employe…

O.C.G.A. § 33-2-14 Preparation of written reports of examinations generally; certiﬁcation of reports; admissibility in evidence; notice and hearing on reports; use of examination documents

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(a) The Commissioner may make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witnesses. (b) The report shall be certiﬁed by the Commissioner or by the exami…

O.C.G.A. § 33-2-15 Payment of expenses of examinations; immunity of examiners

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(a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the…

O.C.G.A. § 33-2-16 Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony

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(a) With respect to the subject of any examination, investigation, or hearing conducted by him or his duly authorized representative, the Commissioner may take depositions, subpoena witnesses, administer oaths or affirmations, examine any individual under oath, and compel the pro…

O.C.G.A. § 33-2-17 Conduct of hearings by Commissioner generally; demands for hearings

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(a) The Commissioner may hold hearings for any purpose within the scope of this title as he may deem necessary. (b) He shall hold a hearing: (1) If required by any provision of this title; or (2) Upon written demand for a hearing made by any person aggrieved by any act, threatene…

O.C.G.A. § 33-2-18 Place of hearings; hearings to be open to public

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The hearing shall be held at the place designated by the Commissioner and shall be open to the public. History. — Code 1933, § 56-219, enacted by Ga. L. 1960, p. 289, § 1.

O.C.G.A. § 33-2-19 Notice of hearings generally

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Not less than ten days in advance the Commissioner shall give notice of the time and place of the hearing stating the matters to be considered at the hearing. If the persons to be given notice are not speciﬁed in the provision pursuant to which the hearing is held, the Commission…

O.C.G.A. § 33-2-2 Seal of Commissioner

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The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor. History. — Code 1933, § 56-202, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2011, p. 99, § 45/HB 24.

O.C.G.A. § 33-2-20 Notice to show cause

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If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such person shows cause at a hearing to …

O.C.G.A. § 33-2-21 Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument

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(a) The hearing shall be presided over by the Commissioner or his designated representative. (b) The Commissioner shall allow any party to the hearing to appear in person or by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect a…

O.C.G.A. § 33-2-22 Adjournment of hearings; effect of nonattendance

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(a) The Commissioner may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing. (b) The validity of any hearing held in accordance with the notice thereof shall not be affected by failu…

O.C.G.A. § 33-2-23 Issuance of order on hearing; contents

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(a) Within 30 days after termination of the hearing or of any rehearing or reargument, the Commissioner shall make his order thereon covering matters involved in the hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of …

O.C.G.A. § 33-2-24 Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties

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(a) Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this title or by any rule, regulation, or order of the Commiss…

O.C.G.A. § 33-2-25 Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter

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Nothing contained in this chapter is intended to limit or repeal any power or authority elsewhere granted the Commissioner or the superior courts in the enforcement of this title. Nor shall any grant of authority or power contained in this chapter be read to imply that such grant…

O.C.G.A. § 33-2-26 Persons entitled to appeal; procedure generally

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An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner h…

O.C.G.A. § 33-2-27 Pleading and procedure of judicial review; powers of reviewing court generally

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(a) The form of proceeding for judicial review shall be by a petition in the Superior Court of Fulton County, a copy of which shall be served upon the Commissioner immediately. (b) The proceedings shall follow the course which is now or may hereafter be prescribed for civil actio…

O.C.G.A. § 33-2-28 Scope of judicial review; disposition of action by reviewing court

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(a) Unless review of the action complained of is required by law to be de novo: (1) In cases in which proceedings have been held before the Commissioner, the Commissioner shall ﬁle with his reply to the reviewing court a certiﬁed transcript of all such proceedings and all evidenc…

O.C.G.A. § 33-2-29 Disposition of amounts collected under title generally; allowance of refunds and credits

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The Commissioner shall promptly pay all taxes, fees, dues, charges, and penalties and interest which he is authorized to collect under this title to the Office of the State Treasurer to the credit of the general fund. The Commissioner, however, is authorized to make refunds of or…

O.C.G.A. § 33-2-3 Organization of department by Commissioner

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The Commissioner shall set up within the department such divisions or sections as he may deem necessary for the appropriate performance of the duties of the department and the proper exercise of the powers vested in the department. Such organization shall proceed along functional…

O.C.G.A. § 33-2-30 Limitation period for issuance of notice of deﬁciency assessment or execution thereon; waiver of limitations

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(a) Except in the case of fraud or failure to ﬁle a return required by this title, every notice of a deﬁciency assessment or the issuance of an execution thereon shall be given within seven years from the date on which such return is ﬁled. In the case of failure to ﬁle a return, …

O.C.G.A. § 33-2-31 Extension of time for ﬁling tax return or paying tax; payment of interest by taxpayer granted extension

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The Commissioner for good cause shown may extend for no more than 30 days the time for ﬁling a tax return or paying any amount required to be paid with any return. The extension may be granted at any time, provided that a request therefor is ﬁled with the Commissioner within or p…

O.C.G.A. § 33-2-32 Fees

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(a) Each corporation or individual, of whatever name or class, which now has or which may hereafter have bonds or securities on deposit as the law provides, is required, on or before January 15 of each year, to pay fees in amounts as provided in Code Section 33-8-1. (b) All fees …

O.C.G.A. § 33-2-34 Insurance compliance self-evaluative privilege

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(a) To encourage insurance companies and persons conducting activities regulated under this title, both to conduct voluntary internal audits of their compliance programs and management systems and to assess and improve compliance with state and federal statutes, rules, and orders…

O.C.G.A. § 33-2-5 Appointment of personnel; possession of ﬁnancial interest; additional remuneration for services

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(a) The Commissioner may appoint and prescribe the duties of such assistants, examiners, actuaries, clerks, and employees as may be necessary to discharge the duties placed upon the department by this title. The Commissioner shall ﬁx the compensation of all such personnel. (b) Th…

O.C.G.A. § 33-2-6 Delegated authority

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(a) Any authority, power, or duty vested in the Commissioner by any provision of this title may be exercised, discharged, or performed by any deputy, assistant, examiner, or employee of the department acting in the Commissioner’s name and by his delegated authority. (b) The Commi…

O.C.G.A. § 33-2-7 Maintenance of records, books, or papers by Commissioner generally; furnishing of copies; disposal of records

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(a) The Commissioner shall enter in permanent form records of the official transactions, ﬁlings, examinations, investigations, and proceedings of his office and shall keep all records, books, and papers pertaining thereto in his office. Such records, books, and papers shall be de…

O.C.G.A. § 33-2-9 Rules and regulations

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(a) The Commissioner shall have full power and authority to make rules and regulations for the following purposes: (1) To organize the department and to assign duties to members of the staff; (2) To promulgate any rules and regulations as are reasonably necessary to implement thi…