2021 Georgia Code
Title 33 - Insurance
Chapter 2 - Department and Commissioner
- § 33-2-1. Creation of Department; Commissioner Chief Officer of Department; Powers and Duties of Department and Commissioner Generally
- § 33-2-2. Seal of Commissioner
- § 33-2-3. Organization of Department by Commissioner
- § 33-2-4. Appointment and Removal of Chief Deputy Insurance Commissioner and Other Deputies
- § 33-2-5. Appointment of Personnel; Possession of Financial Interest; Additional Remuneration for Services
- § 33-2-6. Delegated Authority
- § 33-2-7. Maintenance of Records, Books, or Papers by Commissioner Generally; Furnishing of Copies; Disposal of Records
- § 33-2-8. Through 33-2-8.2
- § 33-2-9. Rules and Regulations
- § 33-2-10. Issuance and Service of Orders and Notices
- § 33-2-11. Examination of Insurers and Organizations; Effect of Insurer's Change of Domicile From Georgia
- § 33-2-12. Examination of Agents, Solicitors, Brokers, Counselors, Adjusters, Managers, and Promoters
- § 33-2-13. Access of Commissioner to Records; Correction of Inadequate or Incorrect Accounts
- § 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
- § 33-2-15. Payment of Expenses of Examinations; Immunity of Examiners
- § 33-2-16. Powers of Commissioner as to Evidence and Witnesses; Payment of Witness Fees and Expenses; Subpoenas; Giving of False Testimony
- § 33-2-17. Conduct of Hearings by Commissioner Generally; Demands for Hearings
- § 33-2-18. Place of Hearings; Hearings to Be Open to Public
- § 33-2-19. Notice of Hearings Generally
- § 33-2-20. Notice to Show Cause
- § 33-2-21. Presiding Officer at Hearing; Rights of Parties; Intervention; Pleading and Evidence; Record of Proceedings; Rehearing or Reargument
- § 33-2-22. Adjournment of Hearings; Effect of Nonattendance
- § 33-2-23. Issuance of Order on Hearing; Contents
- § 33-2-24. Enforcement of Title and Rules, Regulations, and Orders; Issuance of Orders Without Hearings; Civil Actions; Criminal Violations; Penalties
- § 33-2-25. Effect of Chapter Upon Power of Commissioner or Superior Courts to Enforce Title; Construction of Grants of Power Contained in Chapter
- § 33-2-26. Persons Entitled to Appeal; Procedure Generally
- § 33-2-27. Pleading and Procedure of Judicial Review; Powers of Reviewing Court Generally
- § 33-2-28. Scope of Judicial Review; Disposition of Action by Reviewing Court
- § 33-2-29. Disposition of Amounts Collected Under Title Generally; Allowance of Refunds and Credits
- § 33-2-30. Limitation Period for Issuance of Notice of Deficiency Assessment or Execution Thereon; Waiver of Limitations
- § 33-2-31. Extension of Time for Filing Tax Return or Paying Tax; Payment of Interest by Taxpayer Granted Extension
- § 33-2-32. Fees
- § 33-2-33. List of Written Requests for Assistance by Citizens Against Insurers
- § 33-2-34. Insurance Compliance Self-Evaluative Privilege
- Requirements pertaining to regulations, standards, and plans required to be filed by Insurance Commissioner with Secretary of State, § 50-13-21.
Administrative Rules and Regulations.- Organization, practice and procedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General Office of Commissioner of Insurance, Chapters 120-2-1 through 120-2-2.
JUDICIAL DECISIONS
Investigation does not require hearing.
- The investigative powers of the Insurance Commissioner under this title are not restricted only to those instances in which a hearing is pending. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
If hearing held, procedural requirements must be met.
- In the event a hearing does take place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of this title before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).
Action involving insurance violations.
- A consumer class action complaint asserting various claims against an insurance company, including claims for fraud, Georgia RICO, and breach of contract was erroneously dismissed on the basis that the Insurance Commissioner had exclusive jurisdiction and that plaintiffs were required to exhaust their administrative remedies before the Insurance Commissioner before filing an action in court. Griffeth v. Principal Mut. Ins. Co., 243 Ga. App. 618, 533 S.E.2d 126 (2000).
OPINIONS OF THE ATTORNEY GENERAL
Rule-making procedures.
- The Insurance Department may utilize rule-making procedures of T. 33, C. 2 in lieu of rule-making procedures outlined in § 50-13-21. 1982 Op. Att'y Gen. No. 82-10.
