reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-5 - Abatement or reduction of tax on insurance premiums

Whenever any insurance company doing business in this state shall make it appear to the Commissioner, by evidence satisfactory to him, that one-fourth of its total assets, as of December 31 of any taxable year, exclusive of direct obligations of the United States, consists of or is invested in any or all of the following classes of property:
(1)
General obligation bonds of this state or of any political subdivision of the State of Georgia;
(2)
Revenue bonds or revenue anticipation certificates of any county, municipality, or political subdivision of this state;
(3)
Revenue bonds or revenue anticipation certificates of any authority or public corporation created by or pursuant to the laws of this state;
(4)
Real estate situated in and subject to taxation by this state or its political subdivisions;
(5)
Tangible personal property located in this state and subject to taxation by this state or its political subdivisions;
(6)
Loans secured by liens on real estate situated in this state;
(7)
Policy loans on insurance policies issued by the company on lives of persons resident in this state;
(8)
Intangible property having a taxable situs in this state; or
(9)
Shares in Georgia corporations in which the insurance companies are authorized to invest under the laws of this state,
then the gross premium tax levied by Code Section
33-8-4
shall be abated or reduced to 1 1/4 percent upon the gross premium of any company subject to taxation by said Code section and, if the amount so invested by any company shall be as much as three-fourths of its total assets, exclusive of direct obligations of the United States, then the said premium tax shall be abated or reduced to one-half of 1 percent upon the gross premiums of the company subject to taxation by said Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-6 - Time of payment of tax on insurance premiums; filing of returns; penalties

(a)
The annual premium taxes required in this chapter shall be paid to the Commissioner annually on or before March 1 following the close of the preceding calendar year upon all the premiums received during that calendar year. At the same time each such insurance company shall file with the Commissioner an annual return on a form prescribed by the Commissioner showing, by quarters, the gross direct premiums received during the preceding calendar year and the installment payments made during that year.
(b)
Installments of the annual premium taxes shall be due and payable for each calendar quarter on the twentieth day of March, June, September, and December in each year based upon the estimated amount of gross direct premiums received during that calendar quarter. A final payment of tax due for the year shall be made at the time each such insurance company files its annual return for such year.
(c)
Any insurance company which fails to report and pay any installment of tax or which estimates any installment of tax to be less than 80 percent of the amount finally shown to be due in any quarter shall be subject to penalty and interest as provided in subsection (d) of this Code section for any underpayment of taxes due and payable for that quarter. Any insurance company paying, for each installment required in this chapter, 25 percent of the amount of the annual premium taxes reported on its annual return for the preceding year shall not be subject to any penalty or interest for such underpayment.
(d)
A penalty of 10 percent of the amount owed, together with interest on the principal amount at the rate of 1 percent per month, or any part of a month, from the date due until the date paid shall be imposed for late payment, underpayment, or nonpayment of any taxes or amounts imposed under this chapter.
(e)
When the date prescribed by or imposed pursuant to law for the making of any return, the filing of any paper or document, or the payment of any tax or license fee pursuant to this chapter falls on a Saturday, Sunday, or legal holiday, the making of the return, the filing of the paper or document, or the payment of the tax or license fee shall be postponed until the first day following which is not a Saturday, Sunday, or legal holiday.
(f)
Subsections (b) and (c) of this Code section shall not apply to any such insurance company whose annual premium taxes for the immediately preceding calendar year was less than $500.00.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-7 - Deduction from taxes of retaliatory taxes paid other states

Any insurance company, corporation, or association domiciled in this state and issuing insurance policies on fire, lightning, extended coverage, and windstorm, which policy covers property within this state, may deduct any retaliatory tax actually paid to another state from their Georgia taxes due for the tax year for which such retaliatory tax was paid only at the time when such Georgia taxes for that year are paid and upon furnishing proof of payment of the retaliatory tax to the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-8.3 - Funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties; powers and duties of governing authority

(a)
The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either:
(1)
Funding the provision of the following services to inhabitants of the unincorporated areas of such counties directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia:
(A)
Police protection, except such protection provided by the county sheriff;
(B)
Fire protection;
(C)
Curbside or on-site residential or commercial garbage and solid waste collection;
(D)
Curbs, sidewalks, and street lights;
(E)
Flood risk reduction, which, for purposes of this paragraph, such term shall mean policies adopted or projects implemented by a county to reduce the risks from flood events to residents of or property located in unincorporated areas of such county that are prone to experiencing floods. Such policies or projects may include but are not limited to the creation of flood risk management strategies and plans, installation of storm-water management infrastructure, and acquisition of high-risk properties; and
(F)
Such other services as may be provided by the county governing authority for the primary benefit of the inhabitants of the unincorporated area of the county; or
(2)
Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this subsection to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this subsection.
(b)
In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Sections
33-8-8.1
and
33-8-8.2
the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of subsection (a) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of subsection (a) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted.
Amended by 2021 Ga. Laws 20,§ 1, eff. 4/21/2021.
Amended by 2019 Ga. Laws 139,§ 1-45, eff. 7/1/2019.
Amended by 2015 Ga. Laws 9,§ 33, eff. 3/13/2015.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-8.4 - Inactive municipalities

For purposes of levying, collecting, distributing, and applying the proceeds of local insurance taxes and for all other purposes of Code Sections
33-8-8.1
,
33-8-8.2
, and
33-8-8.3
, the population of an inactive municipality shall be considered to be population of the unincorporated area of the county or counties within which the municipality is located. Any municipality whose governing authority has neither met nor taken any official action during a calendar year shall be considered to be an inactive municipality during the next calendar year.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-8.5 - Distribution of reimbursement of illegally assessed tax by insurance companies

Any insurance company, other than a life insurance company, which receives reimbursement for the payment of an insurance premium tax levied by a county or municipality which was illegally assessed and collected shall distribute on a pro rata basis the proceeds of such reimbursement to its policyholders of record for the year the tax was levied. The distribution of the reimbursement shall be made as soon as practicable and in no event later than 90 days after such reimbursement is received by the insurance company.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-8.6 - Nonprotested premium taxes

Notwithstanding any other provision of law, any payment by an insurance company, other than a life insurance company, of premium taxes levied by a county or municipality heretofore made which when made was not accompanied by a written protest of the legality or amount of such tax shall be deemed to have been a voluntary payment and shall not be recoverable from such county or municipality.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-9 - Granting of refunds and credits by Commissioner

Refunds and credits of license fees and taxes levied by this chapter shall be made by the Commissioner in accordance with the provisions of Code Sections
33-2-29
through
33-2-31
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-11 - Issuance of execution against persons delinquent in payment of fees or taxes

In addition to other remedies provided for in this title for the collection of fees and taxes, the Commissioner is authorized to issue executions against delinquents who have failed to pay the fees and taxes when due.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-12 - Waiver of penalties and interest

The Commissioner is authorized to waive the collection of any amount due the state as a penalty under provisions of this title providing for fees, premium taxes, or other miscellaneous charges collected by the Commissioner, whenever or to the extent that he may determine that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law, regulations, or instructions pertaining thereto. The Commissioner may waive the collection of any interest, in whole or in part, due the state on any unpaid taxes whenever or to the extent that he reasonably determines that the delay in payment of the taxes was attributable to the action or inaction of the department.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-13 - [Effective Until 1/1/2025] Exemption of certain insurance companies from taxes

Any other provision of this chapter to the contrary notwithstanding, an insurance company exempt from federal income tax pursuant to the provisions of
26 U.S.C. Section 501(c)(3) or (4)
and which only insures the risks of places of worship shall be exempt from the taxes levied upon insurance companies pursuant to Code Sections
33-8-4
,
33-8-8
,
33-8-8.1
, and
33-8-8.2
. Any insurance company desiring the exemption provided by this Code section shall present to the Commissioner the certificate issued by the federal Internal Revenue Service demonstrating the company's tax exempt status and such evidence of the scope of the company's business as the Commissioner shall deem necessary.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-13 - [Effective 1/1/2025] [Repealed Effective 12/31/2029] Exemption of certain insurance companies from taxes

(a)
Any other provision of this chapter to the contrary notwithstanding, an insurance company exempt from federal income tax pursuant to the provisions of
26 U.S.C. Section 501(c)(3) or (4)
and which only insures the risks of places of worship shall be exempt from the taxes levied upon insurance companies pursuant to Code Sections
33-8-4
,
33-8-8
,
33-8-8.1
, and
33-8-8.2
. Any insurance company desiring the exemption provided by this Code section shall present to the Commissioner the certificate issued by the federal Internal Revenue Service demonstrating the company's tax exempt status and such evidence of the scope of the company's business as the Commissioner shall deem necessary.
(b)
This Code section shall stand repealed on December 31, 2029.
Amended by 2024 Ga. Laws 598,§ 3-2, eff. 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-1 - Purpose and construction of chapter

(a)
The purpose of this chapter is to promote the public welfare by regulating insurance rates as provided in this chapter to the end that they shall not be excessive, inadequate, or unfairly discriminatory; to authorize the existence and operation of qualified rating organizations and advisory organizations and require that specified rating services of such rating organizations be generally available to all admitted insurers; and to authorize cooperation between insurers in rate making and other related matters.
(b)
It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis to the fullest extent possible. However, nothing in this chapter is intended or should be construed to restrict the Commissioner in any way, on his own motion or otherwise, to take any affirmative action by rule, regulation, or administrative determination in a particular case, cases, or class of cases which he may deem necessary to protect the public's interest in maintaining the standards prescribed in Code Section
33-9-4
; and Code Sections
33-9-26
through
33-9-29
in particular shall in no way be viewed as exhaustive or restrictive of the powers or procedures available to the Commissioner for this purpose.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-2 - Definitions

As used in this chapter, the term:
(1)
"Advisory organization" means every person other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems, or who collects and furnishes to admitted insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a rate-making, capacity. No duly authorized attorney at law acting in the usual course of his profession shall be deemed to be an advisory organization.
(2)
"Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization.
(3)
"Rating organization" means every person other than an admitted insurer, whether located within or outside this state, who has as his object or purpose the making of rates, rating plans, or rating systems. Two or more admitted insurers who act in concert for the purpose of making rates, rating plans, or rating systems and who do not operate within the specific authorizations contained in Code Sections
33-9-6
,
33-9-7
,
33-9-11
,
33-9-20
, and
33-9-22
shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization.
(4)
"Subscriber" means an insurer which is furnished at its request with rates and rating manuals by a rating organization of which it is not a member, or with advisory services by an advisory organization of which it is not a member.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-3 - Application of chapter

(a)
This chapter shall apply to all insurance on risks or on operations in this state, except:
(1)
Reinsurance other than joint reinsurance to the extent stated in Code Section
33-9-19
;
(2)
Life insurance;
(3)
Disability income, specified disease, or hospital indemnity policies;
(4)
Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from transportation, insurance policies. Inland marine insurance shall be deemed to include insurance defined by statute, or by interpretation thereof or, if not so defined or interpreted, by ruling of the Commissioner or as established by general custom of the business, as inland marine insurance;
(5)
Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance, or use of aircraft;
(6)
Title insurance; or
(7)
Annuities.
(a.1)
The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter.
(b)
This chapter shall apply to all insurers, including stock and mutual companies, Lloyd's associations, and reciprocal and interinsurance exchanges, which under any laws of this state write any of the kinds of insurance to which this chapter applies.
Amended by 2019 Ga. Laws 139,§ 1-46, eff. 7/1/2019.
Amended by 2017 Ga. Laws 52,§ 8, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-5 - Authorized joint actions by insurers generally

Subject to and in compliance with this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-6 - Authorized joint actions by two or more admitted insurers having common ownership or operating under common management or control generally

With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research, two or more admitted insurers having a common ownership or operating in this state under common management or control are authorized to act in concert between or among themselves the same as if they constituted a single insurer; and to the extent that the matters relate to cosurety bonds, two or more admitted insurers executing the bonds are authorized to act in concert between or among themselves the same as if they constituted a single insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-7 - Authorized agreements among admitted insurers for apportionment of property and casualty insurance; approval by Commissioner; review of practices and activities

(a)
Agreements may be made among admitted insurers with respect to the equitable apportionment among them of property and casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, and with respect to the use of reasonable rate modifications for such insurance, such agreements to be subject to the approval of the Commissioner.
(b)
All such agreements shall be submitted in writing to the Commissioner for his consideration and approval together with such information as he may reasonably require. The Commissioner shall approve only such agreements as are found by him to contemplate the use of rates which meet the standards prescribed by this chapter and activities and practices that are not unfair, unreasonable, or otherwise inconsistent with this chapter.
(c)
At any time after such agreements are in effect, the Commissioner may review the practices and activities of the adherents to such agreements and, if after a hearing upon not less than ten days' notice to such adherents he finds that any such practice or activity is unfair or unreasonable or is otherwise inconsistent with this chapter, he may issue a written order to the parties to any such agreement specifying in what respect such act or practice is unfair or unreasonable or otherwise inconsistent with this chapter and requiring the discontinuance of such activity or practice. For good cause, and after hearing upon not less than ten days' notice to the adherents to such agreement, the Commissioner may revoke approval of any such agreement.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-9 - Use of rating systems, underwriting rules, or forms of rating or advisory organizations

Members and subscribers of rating or advisory organizations may use the rating systems, underwriting rules, or policy or bond form of the organizations and the rates filed by such organizations for all lines of insurance covered by the provisions of this chapter, either consistently or intermittently, but, except as provided in Code Sections
33-9-3
,
33-9-7
,
33-9-19
, and
33-9-20
, shall not agree with each other or rating organizations or others to adhere to such rates, rating systems, underwriting rules, or policy or bond form. The fact that two or more admitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization shall not be sufficient in itself to support a finding that an agreement so to adhere exists and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of the agreement.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-10 - Conduct of operations by organizations engaging in joint underwriting or reinsurance

Upon compliance with this chapter as applicable thereto, any rating organization, advisory organization, and any group, association, or other organization of admitted insurers which engages in joint underwriting or joint reinsurance through such organization or by standing agreement among the members thereof may conduct operations in this state. With respect to insurance risks or operations in this state, no insurer shall be a member or subscriber of any such organization, group, or association that has not complied with this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-11 - Authorization of cooperation among rating organizations and insurers; review of cooperative activities and practices by Commissioner and proceedings thereon

Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is authorized. The Commissioner may review the cooperative activities and practices and, if after a hearing he finds that the activity or practice is unfair or unreasonable or otherwise inconsistent with this chapter, he may issue a written order specifying in what respects the activity or practice is unfair or unreasonable or otherwise inconsistent with this chapter and requiring the discontinuance of the activity or practice.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-12 - Requirement of license for rating organization; application; fee

(a)
No rating organization shall conduct its operations in this state without first filing with the Commissioner a written application for and securing a license to act as a rating organization. Any rating organization may make application for and obtain a license as a rating organization if it shall meet the requirements for a license set forth in this chapter. Every rating organization shall file with its application:
(1)
A copy of its constitution; its articles of incorporation, agreement or association; and of its bylaws, rules, and regulations governing the conduct of its business, all duly certified by the custodian of the originals of the constitution, articles of incorporation, agreement or association, bylaws, rules, and regulations;
(2)
A list of its members and subscribers;
(3)
The name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting the rating organization may be served; and
(4)
A statement of its qualifications as a rating organization.
(b)
The fee for filing an application for license as a rating organization shall be an amount as provided in Code Section
33-8-1
, payable in advance to the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-13 - Evidence to be submitted by rating organization for license

To obtain and retain a license, a rating organization shall provide satisfactory evidence to the Commissioner that it will:
(1)
Permit any admitted insurer to become a member of or a subscriber to such rating organization at a reasonable cost and without discrimination, or withdraw therefrom;
(2)
Neither have nor adopt any rule or exact any agreement the effect of which would be to require any member or subscriber, as a condition to membership or subscribership, to adhere to its rates, rating plans, rating systems, underwriting rules, or policy or bond forms;
(3)
Neither adopt any rule nor exact any agreement the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;
(4)
Neither practice nor sanction any plan or act of boycott, coercion, or intimidation;
(5)
Neither enter into nor sanction any contract or act by which any person is restrained from lawfully engaging in the insurance business;
(6)
Notify the Commissioner promptly of every change in its constitution, its articles of incorporation, agreement or association, and of its bylaws, rules, and regulations governing the conduct of its business; its list of members and subscribers; and the name and address of the resident of this state designated by it upon whom notices or orders of the Commissioner or process affecting such organization may be served; and
(7)
Comply with Code Section
33-9-20
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-14 - Examination of rating organization application; investigation of applicant; issuance of license; duration of license

(a)
The Commissioner shall examine each application for license to act as a rating organization and the documents filed therewith and may make such further investigation of the applicant, its affairs, and its proposed plan of business as he deems desirable.
(b)
The Commissioner shall issue the license applied for within 60 days of its filing with him, if from such examination and investigation he is satisfied that:
(1)
The business reputation of the applicant and its officers is good;
(2)
The facilities of the applicant are adequate to enable it to furnish the services it proposes to furnish; and
(3)
The applicant and its proposed plan of operation conform to the requirements of this chapter.
(c)
Otherwise, but only after hearing upon notice, the Commissioner shall in writing deny the application and notify the applicant of his decision and his reasons therefor.
(d)
The Commissioner may grant an application in part only and issue a license to act as a rating organization for one or more of the classes of insurance or subdivisions thereof or class of risk or a part or combination thereof as are specified in the application if the applicant qualifies for only a portion of the classes applied for.
(e)
Licenses issued pursuant to this Code section shall remain in effect until revoked as provided in this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-15 - Annual license fee for rating organizations

Notwithstanding Code Section
33-9-14
, each rating organization possessing a license of indefinite term pursuant to such Code section shall owe and pay to the Commissioner an annual fee as provided in Code Section
33-8-1
in advance on account of such license until its final termination. Such fee shall be for periods commencing on July 1 of each year and ending on June 30 and shall be due and payable on March 1 of each year and shall be delinquent on April 1 of each year.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-16 - Adoption by rating organizations of rules governing eligibility for membership generally

Subject to the approval of the Commissioner, licensed rating organizations may make reasonable rules governing eligibility for membership.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-17 - Requirement by rating organizations of membership by all insurers having common ownership or operating under common management

If two or more insurers having a common ownership or operating in this state under common management are admitted for the classes or types of insurance for which a rating organization is licensed to make rates, the rating organization may require as a condition to membership or subscribership of one or more that all the insurers shall become members or subscribers.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-18 - Requirements for conduct of operations by advisory organizations generally; engaging in unfair or unreasonable practices

(a)
No advisory organization shall conduct its operations in this state unless and until it has filed with the Commissioner a copy of its constitution, articles of incorporation, agreement, or association, and of its bylaws or rules and regulations governing its activities, all duly certified by the custodian of the originals of the constitution, articles of incorporation, agreement or association, and bylaws or rules and regulations; a list of its members and subscribers; and the name and address of a resident of this state upon whom notices or orders of the Commissioner or process may be served.
(b)
Each advisory organization shall notify the Commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and of its bylaws or rules and regulations governing the conduct of its business; its list of members and subscribers; and the name and address of the resident of this state designated by it upon whom notices or orders of the Commissioner or process affecting the organization may be served.
(c)
No advisory organization shall engage in any unfair or unreasonable practice with respect to its activities.
(d)
Each advisory organization shall pay an annual fee as provided in Code Section
33-8-1
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-19 - Requirements for conduct of operations by organizations engaging in joint underwriting and joint reinsurance generally; engaging in unfair or unreasonable practices

(a)
Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through the group, association, or organization or by standing agreement among the members of the group, association, or organization shall file with the Commissioner a copy of its constitution, its articles of incorporation, agreement, or association, and of its bylaws or rules and regulations governing its activities, all duly certified by the custodian of the originals of such constitution, articles of incorporation, agreement or association, bylaws or rules and regulations; a list of its members; and the name and address of a resident of this state upon whom notices or orders of the Commissioner or process may be served.
(b)
Each group, association, or other organization shall notify the Commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and its bylaws, rules, and regulations governing the conduct of its business; its list of members; and the name and address of the resident of this state designated by it upon whom notices or orders of the Commissioner or process affecting the group, association, or organization may be served.
(c)
No group, association, or organization shall engage in any unfair or unreasonable practice with respect to its activities.
(d)
Each joint underwriting and joint reinsurance organization shall pay an annual fee as provided in Code Section
33-8-1
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-20 - Maintenance of records by organizations generally; maintenance and reporting of statistics by insurers

(a)
Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members, and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys, or inspections made or used by it so that the records will be available at all reasonable times to enable the Commissioner to determine whether the organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with this chapter as applicable to it. The maintenance of the records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscribership in the organization to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of the organization. Such records shall be maintained in an office within this state and shall be made available for examination or inspection by the Commissioner at any time.
(b)
Each insurer shall maintain statistics under statistical plans compatible with the rating plans used. An insurer shall report its statistics through a recognized statistical agency or advisory organization. No insurer shall be required to report its statistics through such agencies or organizations with respect to any unique or unusual risks or with respect to any risks rated in accordance with Code Section
33-9-32
or any lines or sublines of insurance for which such agencies or organizations do not promulgate rates or rating systems. Moreover, the Commissioner shall withhold from public inspection any proprietary information of any insurer, agency, or organization.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-21.1 - Filing and maintenance of information relating to certain casualty insurance

The following types of casualty insurance shall be filed separately and data relative to such types of insurance shall be maintained separately:
(1)
Nonrecording insurance or nonfiling insurance; and
(2)
Vendors' single interest insurance.
Amended by 2019 Ga. Laws 139,§ 1-49, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-21.2 - Petition for hearing by aggrieved insurer

Any insurer aggrieved by the Commissioner's disapproval of any rate filing may petition the Commissioner for a hearing within ten days of the notification of such disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant to this Code section shall be conducted in accordance with the provisions of Chapter 2 of this title.
Added by 2002 Ga. Laws 407, § 3, eff. 3/11/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-22 - Conduct of examinations of organizations by Commissioner generally; acceptance of reports of insurance supervisory officials of other states

(a)
The Commissioner shall, at least once every five years, and may, as often as may be reasonable and necessary, make or cause to be made an examination of each licensed rating organization; and he may, as often as may be reasonable and necessary, make or cause to be made an examination of any advisory organization or group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance.
(b)
In lieu of the examination required in subsection (a) of this Code section, the Commissioner may accept the report of an examination made by the insurance supervisory official of another state.
(c)
In examining any organization, group, or association pursuant to this Code section, the Commissioner shall ascertain whether the organization, group, or association and, in the case of a rating organization, any rate or rating system made or used by it complies with the applicable requirements and standards of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-23 - Examination of admitted insurers; examination of insurers transacting workers' compensation insurance

(a)
The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which this chapter is applicable to ascertain whether the insurer and every rate and rating system used by it for each class of insurance complies with the requirements and standards of this chapter applicable thereto. The examination shall not be a part of a periodic general examination participated in by representatives of more than one state.
(b)
In addition to and apart from the examination required by subsection (a) of this Code section, the Commissioner may, at any reasonable time, examine or cause to be examined by some examiner duly authorized by him or her all insurers transacting workers' compensation insurance in this state. This examination will include a review of the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation rates which are used in this state and any other information or data required by the Commissioner. Upon completion of this examination, a report in such form as the Commissioner shall prescribe shall be filed in his or her office.
Amended by 2019 Ga. Laws 139,§ 1-50, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-24 - Examination of officers, managers, agents, and employees of organizations and insurers

The officers, managers, agents, and employees of any such organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statistics, and information of every kind and character collected or considered by such organization, group, association, or insurer in the conduct of the operations to which the examination relates.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-25 - Payment of costs of examinations

The reasonable cost of any examination authorized by this chapter shall be paid by the organization, group, association, or insurer to be examined.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-26 - Review of rate, rating plan, rating system, or underwriting rule by insurer or rating organization

Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded him. The request may be made by his authorized representative and shall be written. If the request is not granted within 30 days after it is made, the requestor may treat it as rejected. Any person aggrieved by the action of an insurer or rating organization in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for hearing with the Commissioner, specifying the grounds relied upon. If the Commissioner has information concerning a similar complaint, he may deny the hearing. If he believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, he shall deny the hearing. Otherwise, and if he finds that the complaint charges a violation of this chapter and that the complainant would be aggrieved if the violation is proven, he shall proceed as provided in Code Section
33-9-27
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-27 - Issuance of notice by Commissioner upon determination of noncompliance with requirements of chapter

If after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, or upon the basis of other information, or upon sufficient complaint as provided in Code Section
33-9-26
the Commissioner has good cause to believe that the insurer, organization, group, or association, or any rate, rating plan, or rating system made or used by any insurer or rating organization does not comply with the requirements and standards of this chapter applicable to it, he shall, unless he has good cause to believe such noncompliance is willful, give notice in writing to such insurer, organization, group, or association stating in the notice to the extent practicable in what manner such noncompliance is alleged to exist and specifying in the notice a reasonable time, not less than ten days after notice, in which the noncompliance may be corrected.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 9 - REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS (§§ 33-9-1 — 33-9-44) › Section 33-9-28 - Conduct of hearing by Commissioner upon failure to correct noncompliance; notice of hearing; matters considered at hearing

If the Commissioner has good cause to believe the noncompliance to be willful, or if within the period prescribed by the Commissioner in the notice required by Code Section
33-9-27
the insurer, organization, group, or association does not make the changes necessary to correct the noncompliance specified by the Commissioner or establish to the satisfaction of the Commissioner that the specified noncompliance does not exist, then the Commissioner may hold a public hearing in connection with the noncompliance, provided that within a reasonable period of time, which shall be not less than ten days before the date of the hearing, he shall mail written notice specifying the matters to be considered at the hearing to the insurer, organization, group, or association. If no notice has been given as provided in Code Section
33-9-27
, the notice provided for in this Code section shall state to the extent practicable in what manner such noncompliance is alleged to exist. The hearing shall not include any additional subjects not specified in the notices required by Code Section
33-9-27
or this Code section.