reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-7 - Issuance or delivery of policy in violation of title

Any insurer, or any officer or agent thereof, issuing or delivering to any person in this state any policy in violation of any provision of this title shall be guilty of a misdemeanor, except as otherwise provided.
Amended by 2019 Ga. Laws 139,§ 1-3, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-8 - Making of false statements; reporting of such statements

Any director, officer, agent, or employee of any insurance company who willfully and knowingly subscribes, makes, or concurs in making any annual or other statement required by law containing any material statement which is false shall be guilty of a misdemeanor. It shall be the duty of the Commissioner to report all such misrepresentations and false statements to the appropriate prosecuting attorney of the circuit or county in which they shall occur, except as otherwise provided.
Amended by 2019 Ga. Laws 139,§ 1-4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-9.1 - Crimes of staging a collision or filing a fraudulent claim; penalty

(a)
A person shall be guilty of the crime of staging a collision when, with intent to commit insurance fraud as defined in Code Section
33-1-9
, such person does any of the following:
(1)
Intentionally causes or attempts to cause a motor vehicle collision; or
(2)
Engages in a scheme to fabricate evidence of a motor vehicle collision that did not occur.
Staging a collision shall constitute a felony punishable by no less than one year nor more than five years' imprisonment.
(b)
A person shall be guilty of the crime of aggravated staging of a collision when, with intent to commit insurance fraud as defined in Code Section
33-1-9
, such person commits acts in violation of subsection (a) of this Code section which result in serious personal injury to another. Aggravated staging of a collision shall constitute a felony punishable by no less than two years nor more than ten years' imprisonment.
(c)
A person shall be guilty of the crime of making a fraudulent claim related to a staged collision when such person makes, or assists in making, a claim for insurance benefits of any type or brings, or assists in bringing, a civil lawsuit against another seeking monetary damages with knowledge that the injuries for which insurance benefits or monetary damages are sought resulted from a staged collision, or seeks to obtain any benefit to which such claimant is not legally entitled. Making a fraudulent claim related to a staged collision shall constitute a felony and shall be punishable by no less than one year nor more than five years' imprisonment.
Amended by 2021 Ga. Laws 307,§ 33, eff. 5/10/2021.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Added by 2019 Ga. Laws 40,§ 1, eff. 4/25/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-10 - Limitations upon right to choose funeral services for insured

It shall be unlawful for any insurer to designate in any policy, contract, certificate, or otherwise the person, firm, or corporation to conduct the funeral of the insured; or to organize, promote, or operate any enterprise or plan; or to enter into any contract with such insured or with any other person, which plan or contract tends to limit or restrict the freedom of choice in the open market of the person or persons having the legal right of such choice regarding contracts, purchases, and arrangements with reference to any part of a funeral service for such insured.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-11 - Entry into contracts by life insurers with funeral directors or undertakers for conduct of funerals of persons insured

It shall be unlawful for any insurer writing any type of life insurance, by whatever term described, upon the lives of citizens of this state to enter into any contract with any funeral director or undertaker, providing that such funeral director or undertaker shall conduct the funeral of persons insured by such insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-12 - Entry into contracts by life insurers for provision of funeral merchandise or services to persons insured

It shall be unlawful for any insurer writing any type of life insurance upon the lives of citizens of this state to enter into any contract with any citizen of this state contracting and agreeing to furnish funeral merchandise or services upon the death of any person insured.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-13 - Receiving of compensation from undertakers on account of employment; giving of compensation by undertakers

No person, firm, or corporation engaged in the life insurance business shall contract for or receive any compensation or gratuity, directly or indirectly, on account of the employment of any undertaker in connection with a burial or preparation for burial of any person whose life is insured by said company; and no undertaker shall give or agree to give any such compensation or commission to such person, firm, or corporation engaged in the insurance business.
Amended by 2019 Ga. Laws 139,§ 1-5, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-15 - Affidavit that insured's motor vehicle stolen

(a)
In any case where an insured has executed an affidavit affirming that such insured's motor vehicle has been stolen, the insurer shall be required to accept by-hand delivery of such affidavit from such insured.
(b)
It shall be unlawful for any person who executes the affidavit provided for in subsection (a) of this Code section knowing that it purports to be an acknowledgment of a lawful oath or affirmation to hand deliver such affidavit if such person knowingly and willfully made a false statement in such affidavit.
(c)
Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $10,000.00, or both.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-16.1 - Excessive, fraudulent, or high-tech drug testing of certain individuals as fraudulent insurance act

(a)
As used in this Code section, the term:
(1)
"High-tech drug testing" means testing an individual's specimen for more than one substance and billing and receiving payment separately for each substance tested.
(2)
"Person" means an individual, any person who provides coverage under Code Section
33-1-14
, and any owner, manager, medical practitioner, employee, or other party involved in a fraudulent insurance act prohibited by this Code section.
(b)
(1)
For purposes of this Code section, a person commits a fraudulent insurance act if he or she knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented, any billing for excessive testing, fraudulent testing, or high-tech drug testing in the treatment of the elderly, the disabled, or any individual affected by pain, substance abuse, addiction, or any related disorder, to or by an insurer, broker, or any agent thereof, or directly or indirectly to an insured or uninsured patient.
(2)
Such billing as provided for in paragraph (1) of this subsection shall include, but shall not be limited to:
(A)
Upcoding that results in billing for more expensive services or procedures than were actually provided or performed;
(B)
For patients undergoing drug abuse treatment, unbundling of such billing whereby a drug test from a single sample that detects a variety of narcotics is separated into multiple tests and billed separately;
(C)
Billing an individual for multiple copayment amounts;
(D)
Billing for drug testing that was not performed; and
(E)
Billing for an excessive number of drug tests that are found to be medically unnecessary for the treatment.
(c)
If, by his or her own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in or is engaging in a fraudulent insurance act under this Code section, the Commissioner shall have all the powers and duties pursuant to Code Section
33-1-16
to investigate such matter.
(d)
A natural person convicted of a violation of this Code section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than 12 months, by a fine of not more than $1,000.00 per violation, or both.
(e)
This Code section shall not supersede any investigation audit which involves fraud, willful misrepresentation, or abuse under Article 7 of Chapter 4 of Title 49 or any other statutory provisions which authorize investigation relating to insurance.
Added by 2021 Ga. Laws 205,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-19 - [Reserved] Special Advisory Commission on Mandated Health Insurance Benefits

Repealed and reserved by 2019 Ga. Laws 296,§ 13-1, eff. 7/1/2019.
Amended by 2019 Ga. Laws 139,§ 1-8, eff. 7/1/2019.
Amended by 2012 Ga. Laws 684,§ 33, eff. 5/1/2012.
Added by 2011 Ga. Laws 78,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-20 - Health care sharing ministry

(a)
As used in this Code section, the term "health care sharing ministry" means a faith based, nonprofit organization that is tax exempt under the Internal Revenue Code which:
(1)
Limits its participants to those who are of a similar faith;
(2)
Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;
(3)
Provides for the financial or medical needs of a participant through contributions from one participant to another;
(4)
Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;
(5)
Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and
(6)
Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance: "Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."
(b)
A health care sharing ministry which has entered into a health care cost-sharing arrangement with its participants shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws respecting insurance companies, health maintenance organizations, or health benefit plans of any class, kind, or character in this state or subject to regulation under such laws, including, but not limited to, the provisions of this title, and shall not be subject to the jurisdiction of the Commissioner of Insurance.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Added by 2011 Ga. Laws 86,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-21 - Certain subscription agreements for prepaid air ambulance service not contract of insurance; definitions

(a)
As used in this Code section, the term:
(1)
"Air ambulance" means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport.
(2)
"Air ambulance service" means the for hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished.
(3)
"Membership fees" means amounts collected by a membership provider as consideration for a membership subscription.
(4)
"Membership provider" means an entity that is licensed to provide air ambulance services pursuant to Chapter 11 of Title 31.
(5)
"Membership subscription" means an agreement where a membership provider's charges to a subscription member for air ambulance services are discounted or are prepaid, but only for charges that are not otherwise covered by a third party.
(6)
"Subscription member" means an individual who is the beneficiary of a membership subscription.
(b)
(1)
The solicitation of membership subscriptions, the acceptance of applications for membership subscriptions, the charging of membership fees, and the furnishing of prepaid or discounted air ambulance service to subscription members by a membership provider shall not constitute the writing of insurance.
(2)
A membership subscription shall not constitute a contract of insurance.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Added by 2011 Ga. Laws 86,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-22 - English language version of policy controls

In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy, as that term is defined in Code Section
33-24-1
, shall control the resolution of such dispute or complaint; provided, however, that nothing contained in this Code section shall abrogate or supersede the provisions set forth in Chapter 6 of this title, relating to unfair trade practices.
Added by 2012 Ga. Laws 776,§ 8A, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-23 - Establishment of exchange

(a)
As used in this Code section, the term "exchange" shall have the same meaning provided for in paragraph (1) of Code Section
33-23-201
.
(b)
The Commissioner of Insurance shall have the authority to:
(1)
Establish any program; promulgate any rule, policy, guideline, or plan; or change any program, rule, policy, or guideline to implement, establish, create, administer, or otherwise operate an exchange;
(2)
Apply for, accept, or expend federal moneys related to the creation, implementation, or operation of an exchange; and
(3)
Establish any advisory board or committee the Commissioner deems necessary for providing recommendations on the creation, implementation, or operation of an exchange.
Amended by 2023 Ga. Laws 226,§ 1, eff. 5/2/2023.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Added by 2014 Ga. Laws 529,§ 1-3, eff. 4/15/2014.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-1 — 33-1-27) › Section 33-1-26 - Governor's request for waiver from federal Patient Protection and Affordable Care Act; expiration of authority

(a)
The Governor is hereby authorized to submit one or more applications to the United States Secretaries of Health and Human Services and the Treasury for waiver of applicable provisions of the federal Patient Protection and Affordable Care Act (P. L. 111-148) under Section 1332 with respect to health insurance coverage or health insurance products. Any such submission to obtain a state innovation waiver may include multiple waiver submissions. On or after January 1, 2020, upon approval of one or more waivers, the state is authorized to implement such waiver or waivers as provided under Section 1332 of such federal act in a manner consistent with state and federal law.
(b)
The authority granted to the Governor in subsection (a) of this Code section to submit one or more applications shall expire on December 31, 2021.
Added by 2019 Ga. Laws 4,§ 3-2, eff. 3/27/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-1 - Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally

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 title.
Amended by 2019 Ga. Laws 139,§ 1-9, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-2 - Seal of Commissioner

The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor.
Amended by 2011 Ga. Laws 52,§; 45, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-3 - Organization of department by Commissioner

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 lines and shall have as its purpose efficiency in operation and service to the public.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-4 - [Repealed] Appointment and removal of chief deputy insurance commissioner and other deputies

Repealed and reserved by 2019 Ga. Laws 139,§ 1-10, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-5 - Appointment of personnel; possession of financial interest; additional remuneration for services

(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)
The Commissioner or any deputy, examiner, actuary, clerk, or any employee of the department shall not be financially interested, directly or indirectly, in any insurer, agency, or insurance transaction except as a policyholder or claimant under a policy; however, as to such matters wherein a conflict of interests does not exist on the part of any such individual, the Commissioner may employ from time to time insurance actuaries or other technicians who are independently practicing their professions even though similarly employed by insurers and others.
(c)
The Commissioner or any deputy, examiner, actuary, clerk, or employee of the department shall not be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as such Commissioner, deputy, examiner, actuary, clerk, or employee.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-6 - Delegated authority

(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 Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-7 - Maintenance of records, books, or papers by Commissioner generally; furnishing of copies; disposal of records

(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 deemed public records of the state except as may be provided otherwise in this chapter.
(b)
Upon the request of any person and the payment of the applicable fee, the Commissioner shall supply a certified copy of any record in his office which is then subject to public inspection.
(c)
The Commissioner may destroy or otherwise dispose of all records entered in his office in accordance with the rules and procedures provided for in Part 1A of Article 2 of Chapter 3 of Title 20; provided, however, that filings may be destroyed by direction of the Commissioner when superseded.
Amended by 2013 Ga. Laws 184,§ 2-6, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-8 - [Off-duty use of motor vehicles by certified law enforcement officers employed by department]

(a)
(1)
Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the Commissioner, and has been determined by the Commissioner to be in furtherance of the department's mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.
(2)
Except as otherwise provided for in this subsection, department motor vehicles shall be used only in the discharge of official duties.
(3)
Any other department equipment shall be used only with the express written approval of the Commissioner.
(b)
The Commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a department motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the Commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract.
(c)
Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act,' and the commissioner of administrative services shall provide liability coverage for claims arising out of such use.
(d)
The Commissioner shall adopt rules and regulations governing the use of department motor vehicles and equipment by off-duty department employees.
Amended by 2024 Ga. Laws 398,§ 2, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-9 - Rules and regulations

(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 this title;
(3)
To promulgate any rules and regulations as are reasonably necessary to conform with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as said federal Act existed on January 1, 1997;
(4)
To issue interpretative rulings or to prescribe forms required to carry out the responsibilities of his or her office; or
(5)
To govern the procedure to be followed in the proceedings before the department.
(b)
Before any rule or regulation shall become effective or before any amendment or repeal of any rule shall become effective, the proposed rule or regulation or amendment or repeal shall have been on file as a public record in the office of the Commissioner for at least ten days.
(c)
Prior to the adoption of any rule or regulation or the amendment or repeal thereof, the Commissioner shall publish or otherwise circulate notice of his intended action and afford interested persons opportunity to submit data or views either orally or in writing.
(d)
The Commissioner shall compile and keep on file in his office as a public record a set of such rules and regulations which are in effect and shall prepare copies of such rules and regulations which shall be available upon request. The Commissioner shall fix a price covering such compilation which shall cover costs of preparation and mailing.
(e)
Neither the Commissioner, whether acting as Commissioner of Insurance or Safety Fire Commissioner, nor the department, nor the Safety Fire Division of the office of the Commissioner shall propose or adopt rules or regulations relating to the sale or dispensing of gasoline or diesel fuel to the general public by any business entity unless such rules or regulations require such sale or dispensing to be under the direct control and visual supervision of an on-site employee of such business entity.
Amended by 2019 Ga. Laws 147,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-10 - Issuance and service of orders and notices

(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
(3)
The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to designate any provision shall not deprive the Commissioner of the right to rely thereon.
(c)
An order or notice may be served by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to him at his principal place of business or last address of record in the Commissioner's office.
(d)
In addition to the service provisions set forth in subsection (c) of this Code section, any order of the Commissioner issued to multiple recipients in the form of a general directive, data call, or bulletin may be served by sending it by email, so that receipt is acknowledged by the recipient, to the email address on record in the Commissioner's office. The Commissioner shall also post such general directive, data call, or bulletin contemporaneously on the department's website.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2004 Ga. Laws 583, § 1, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-11 - Examination of insurers and organizations; effect of insurer's change of domicile from Georgia

(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 state and any other facts relative to its business methods, management, and dealings with policyholders. At least once every five years, the Commissioner shall so examine each domestic insurer. Examination of an alien insurer shall be limited to its insurance transactions in the United States.
(b)
Whenever he shall deem it necessary at least once in five years, the Commissioner shall fully examine each rating organization which is licensed in this state. As often as he shall deem it necessary, he may examine each advisory organization and each joint underwriting or joint reinsurance group, association, or organization.
(c)
The Commissioner shall in like manner examine each insurer or rating organization applying for authority to do business in this state.
(d)
In lieu of an examination under this Code section of any foreign or alien insurer licensed in this state, the Commissioner may accept an examination report on such insurer as prepared by the insurance department of such insurer's state of domicile or port-of-entry state until January 1, 1994. On and after January 1, 1994, such reports may be accepted only if:
(1)
The insurance department was, at the time the examination was conducted, accredited under the National Association of Insurance Commissioners' financial regulation standards and accreditation program; or
(2)
The examination was performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
(e)
Any insurer authorized to transact insurance in this state which changes its domicile from Georgia to another state on or after April 1, 1988, may be examined by the Commissioner once a year for five years, beginning on or after the occurrence of the change in domicile; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs.
Amended by 2008 Ga. Laws 769,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-12 - Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters

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 other person licensed under this title;
(2)
Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
(3)
Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise;
(4)
Any person engaged in the promotion or formation of a domestic insurer, or insurance holding corporation, or corporation to finance a domestic insurer or the production of its business;
(5)
Any other person transacting the business of insurance, whether authorized or unauthorized;
(6)
Any person or affiliate of such person who proposes or makes application to acquire any domestic insurer or any affiliate of a domestic insurer; and
(7)
Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-13 - Access of Commissioner to records; correction of inadequate or incorrect accounts

(a)
Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the Commissioner the accounts, records, documents, and files in his possession or control relating to the subject of the examination. Such officers, employees, and representatives shall facilitate such examination and aid the examiners as far as it is in their power in making the examination.
(b)
If the Commissioner finds the accounts to be inadequate or incorrectly kept or posted, he may employ experts to rewrite, post, or balance such records at the expense of the person being examined, if such person has failed to correct such accounting within 60 days after the Commissioner has given him notice to do so.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-15 - Payment of expenses of examinations; immunity of examiners

(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 proper charges for the services of the examiner and his or her assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department.
(b)
An examiner or other person appointed or authorized by the Commissioner, while participating in an examination conducted under this chapter, shall enjoy the same immunities as those of a regular employee of the department under similar circumstances.
Amended by 2008 Ga. Laws 769,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-16 - Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony

(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 production of records, books, papers, and other documents.
(b)
Witness fees and mileage, if claimed, shall be allowed as for witnesses appearing in superior court. Witness fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses and their testimony shall be itemized and shall be paid by the person being examined or investigated, if in the proceedings in which the witness is called such person is found to be in violation of the law, or paid by the person, if other than the Commissioner, at whose request the hearing is held.
(c)
Subpoenas of witnesses shall be served in the same manner as if issued by a superior court. If any individual fails to obey a subpoena issued and served under this subsection with respect to any matter concerning which he may be lawfully interrogated, on application of the Commissioner the superior court of the county in which the proceeding is pending at which such individual was so required to appear may issue an order requiring such individual to comply with the subpoena and to testify.
(d)
Any person willfully testifying falsely under oath as to any matter material to any such examination, investigation, or hearing shall have committed the offense of false swearing.
(e)
In addition to any other liability or punishment prescribed, any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce any books, papers, or records in obedience to a lawful subpoena issued by the Commissioner or by his authority shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-17 - Conduct of hearings by Commissioner generally; demands for hearings

(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, threatened act, or failure of the Commissioner to act if such failure is deemed an act under any provision of this title or by any report, promulgation, or order of the Commissioner, other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party or order pursuant to the order on such hearing.
(c)
Any demand for a hearing pursuant to this Code section shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing; and, unless postponed by mutual consent, the hearing shall be held within 30 days after receipt by the Commissioner of the demand for a hearing. Such hearing shall be held only if the Commissioner shall find that the demand for a hearing is made in good faith, that the applicant would be aggrieved, and that such grounds otherwise justify holding such hearing.
(d)
Pending the hearing and decision on holding the hearing, the Commissioner may suspend or postpone the effective date of his previous action.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-18 - Place of hearings; hearings to be open to public

The hearing shall be held at the place designated by the Commissioner and shall be open to the public.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-19 - Notice of hearings generally

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 Commissioner shall give notice to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least ten days prior to the hearing.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-20 - Notice to show cause

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 be held as specified in the notice why the proposed action should not be taken and stating the basis of the proposed action.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-21 - Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument

(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 all documentary evidence and to examine witnesses, to present evidence in support of his interest, and to have subpoenas issued by the Commissioner to compel attendance of witnesses and production of evidence in his behalf.
(c)
The Commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons who may be aggrieved by the Commissioner's order made upon the hearing.
(d)
Formal rules of pleading or evidence need not be observed at any hearing.
(e)
Upon written request seasonably made by a party to the hearing and at such person's expense, the Commissioner shall cause a full record of the proceedings to be made. If transcribed, a copy of such record shall be furnished to the Commissioner without cost to the Commissioner or the state and shall be a part of the Commissioner's record of the hearing. If so transcribed, a copy of the record shall be furnished to any other party to the hearing at the request and expense of the other party. If no record is made or transcribed, the Commissioner shall prepare an adequate record of the evidence and of the proceedings.
(f)
Upon written request of a party to a hearing filed with the Commissioner within 30 days after any order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive the same, the Commissioner may in his discretion grant a rehearing or reargument of the matters involved in such hearing; and notice of the rehearing or reargument shall be given as provided in Code Section
33-2-19
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-22 - Adjournment of hearings; effect of nonattendance

(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 failure of any person to attend the hearing or to remain in attendance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-23 - Issuance of order on hearing; contents

(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 the hearing.
(b)
The order shall contain a concise statement of the facts as found by the Commissioner, a concise statement of his conclusions therefrom, and the effective date of the order.
(c)
The order may affirm, modify, or nullify action theretofore taken or may constitute the taking of new action within the scope of the notice of hearing.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-25 - Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter

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 of authority or power was not conferred by a preexisting law.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-26 - Persons entitled to appeal; procedure generally

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 has refused or failed to make his order on hearing as required by Code Section
33-2-23
. Any person who was a party to the hearing or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within 30 days after:
(1)
The order on hearing has been mailed or delivered to the persons entitled to receive the same;
(2)
The Commissioner's order denying rehearing or reargument has been so mailed or delivered;
(3)
The Commissioner has refused or failed to make his order on hearing as required under Code Section
33-2-23
; or
(4)
The Commissioner has refused or failed to grant or hold a hearing as required under Code Section
33-2-17
.