reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.04 - Adjudicator Authority

Current through Rules and Regulations filed through June 27, 2024
The Adjudicator has all authority necessary to conduct fair,
				  expeditious, and impartial adjudications. Such authority includes the authority
				  to:
1. administer oaths and
				affirmations;
2. issue subpoenas
				authorized by law;
3. receive
				relevant evidence and rule upon the admission of evidence and offers of
				proof;
4. preside over depositions
				or cause depositions to be taken when the ends of justice would be
				served;
5. regulate the course of
				the hearing and the conduct of persons at the hearing;
6. hold conferences for the settlement or
				simplification of the issues by consent of the parties or through means of
				alternative dispute resolution;
7.
				inform the parties as to the availability of one or more means of alternative
				dispute resolution and encourage use of such means;
8. require the attendance at any conference
				held pursuant to Rule
				120-2-2-.24 of at least one
				representative of each party who has authority to negotiate concerning
				resolution of the issues in controversy;
9. dispose of procedural motions;
10. make or recommend decisions;
11. call and question witnesses;
12. order curative measures to remedy the
				filing or other disclosure of sensitive information, as identified in Rule
				120-2-2-.13(3),
				that should have been redacted under these rules;
13. impose appropriate non-monetary sanctions
				against any party or person failing to obey her/his order, refusing to adhere
				to reasonable standards of orderly and ethical conduct, or refusing to act in
				good faith; and take any other action authorized by the Commissioner.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-16,
				  33-2-17,
				  33-2-18,
				  33-2-19,
				  33-2-20,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.05 - Adjudicator Impartiality, Recusal or Disqualification, or Unavailability

Current through Rules and Regulations filed through June 27, 2024
1.
Impartiality.
The Adjudicator must conduct her/his functions in an
				impartial manner.
2.
Recusal
				of Adjudicator.
a.
Recusal by
				Adjudicator.
The Adjudicator may at any time recuse
				her/himself.
b.
Disqualification Sought by Party.
i. Before the filing of the Adjudicator's
				decision, any party may move that the Adjudicator recuse her/himself on the
				ground of personal bias or basis for other disqualification by filing with the
				Adjudicator promptly upon discovery of the alleged facts an affidavit setting
				forth in detail the matters alleged to constitute grounds for
				disqualification.
ii. The
				Adjudicator must rule upon the motion, stating the grounds therefor. If the
				Adjudicator concludes that the motion is timely and has merit, the Adjudicator
				must promptly recuse her/himself and withdraw from the adjudication. If (s)he
				does not recuse her/himself and withdraw from the adjudication, (s)he must
				proceed with the adjudication.
iii.
				A party may seek review of the Adjudicator's denial of a motion for
				disqualification only at the conclusion of the adjudication, unless the
				requirements of Rule
				120-2-2-.45 (Interlocutory Review)
				are satisfied.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.06 - Individuals with Disabilities

Current through Rules and Regulations filed through June 27, 2024
For any portion of the adjudication (including in connection
				  with any conference or hearing), the Adjudicator must take due account of any
				  disclosed physical or mental disability of a party, limited participant,
				  representative, or witness.
O.C.G.A.
				  33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.07 - Oral Testimony, Interpretation, and Interpreters

Current through Rules and Regulations filed through June 27, 2024
1. Any party or
				limited participant who anticipates a need for an interpreter during any part
				or all of an adjudication must promptly notify the Adjudicator and identify any
				specific language and dialect for which an interpreter is needed and the
				participant or participants who will require the interpretation
				services.
2. An interpreter must
				establish her/his qualifications to the satisfaction of the Adjudicator and
				state, under oath, that the interpreter is (1) competent to interpret the
				identified language and dialect, and (2) will do so accurately to the best of
				the interpreter's ability, before performing interpretation services for the
				adjudication.
3. A qualified
				interpreter who testifies under oath as to her/his qualifications, and who
				promises to translate accurately to the best of her/his ability, is permitted
				to assist with the adjudication, subject to general rules of procedure or
				evidence applicable to any party, limited participant, or witness.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.08 - Foreign-Language Documents and Translations

Current through Rules and Regulations filed through June 27, 2024
1. All documents filed with the Department or
				offered for the administrative record of an adjudication must be in the English
				language or accompanied by an authenticated English translation.
2. An affidavit in English by a person who
				does not understand English must include a separate translator's affidavit
				under oath stating that the underlying affidavit has been read to the person in
				a language that the person understands and that, to the best of the
				translator's knowledge, the affiant understood it before signing. The
				translator's affidavit must also state facts demonstrating that the translator
				is competent to translate the language of the witness as well as a
				representation that the interpretation was true and accurate to the best of the
				translator's abilities.
3. A
				translator's affidavit authenticating the translation of a foreign-language
				document must be typed, signed by the translator, and identify and accompany
				the foreign-language document. If a translator's affidavit is filed in
				connection with the translation of multiple documents, the certification must
				specify the documents covered by the translator's affidavit. A translator's
				affidavit must include facts providing a basis to conclude that the translator
				is competent to translate the language of the document and a representation
				that the translation is true and accurate to the best of the translator's
				abilities.
4. A translated document
				accompanied by a proper translator's affidavit is admissible in the
				adjudication to the same extent as it would be if it were not
				translated.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.09 - Ex Parte Communications

Current through Rules and Regulations filed through June 27, 2024
1. Except as required for the disposition of
				ex parte matters authorized by law, the Adjudicator may not consult a person or
				party on any matter relevant to the merits of the adjudication, unless on
				notice and opportunity for all parties to participate. This provision does not,
				however, preclude the Adjudicator from consulting with adjudicatory employees
				such as law clerks.
2. Except as
				required for the disposition of ex parte matters authorized by law,
a. no interested person outside the
				Department may make or knowingly cause to be made to the Department or any of
				its personnel who is or may reasonably be expected to be involved in the
				decisional process an ex parte communication relevant to the merits of the
				adjudication;
b. the Department or
				its personnel who are or may reasonably be expected to be involved in the
				decisional process of the adjudication may make or knowingly cause to be made
				to any interested person outside the Department an ex parte communication
				relevant to the merits of the adjudication.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.10 - Separation of Functions

Current through Rules and Regulations filed through June 27, 2024
1. The Adjudicator may not be responsible to,
				or subject to the supervision or direction of, personnel engaged in the
				performance of investigative or prosecutorial functions for the
				Department.
2. No officer,
				employee, or agent of the Department engaged in investigative or prosecutorial
				functions in connection with any adjudication may, in that adjudication or one
				that is factually related, participate or advise in the decision of the
				Adjudicator, except as a witness or counsel in the adjudication or its
				appellate review.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.11 - Rights of Parties, Intervenors, and Limited Participants

Current through Rules and Regulations filed through June 27, 2024
1. The rights of a
				Party are determined by statute, these rules, and other applicable
				law.
2. The Adjudicator may,
				pursuant to statute, these rules, or other applicable law, restrict an
				intervenor's participation.
3. A
				limited participant may make oral submissions, written submissions, or both, as
				the Adjudicator permits.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.12 - Representation

Current through Rules and Regulations filed through June 27, 2024
1. Any person may
				appear in an adjudication on her/his own behalf, by an attorney, or, if
				permitted by the Adjudicator or Department, by an authorized representative who
				qualifies under this rule. Each person, attorney, or authorized representative
				must file a notice of appearance. The notice must state the name of the case
				(and docket number if assigned), the person on whose behalf the appearance is
				made, and the person's or representative's mailing address, email address, and
				telephone number. Similar notice must also be given for any withdrawal of
				appearance.
2. An attorney must be
				a member in good standing of the State Bar of Georgia, another State, the
				District of Columbia, or any territory or commonwealth of the United States.
				(S)he must file with the Department a written affidavit that (s)he is currently
				qualified as provided by this subsection and is authorized to represent the
				person on whose behalf (s)he acts. Any attorney licensed outside the state of
				Georgia must submit to the Adjudicator a pro hac vice motion written in
				accordance with Rule 4.4 of the Uniform Superior Court Rules of the State of
				Georgia and its Appendix.
3. In the
				Adjudicator's discretion, an owner, majority shareholder, director, officer,
				registered agent, member, manager or partner of a corporation, limited
				liability company, or partnership may be allowed to represent the entity in a
				proceeding.
O.C.G.A. §
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.13 - Form and Content of Filed Documents; Privacy Protections for Filings

Current through Rules and Regulations filed through June 27, 2024
1.
Necessary
				Information.
A filed document must state clearly:
a. the name of the Department;
b. the name of the adjudication;
c. the name and designation (such as
				"applicant" "petitioner," or "respondent") of the filing party;
d. the type of filing (e.g., petition,
				notice, motion to dismiss, etc.);
e. any assigned docket number of the case;
				and
f. the filing party's or other
				filing person's address, telephone number, fax number (if any), and email
				address (if any).
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.15 - Amendment or Supplementation of Filed Documents

Current through Rules and Regulations filed through June 27, 2024
1. Until the adjudication concludes, or the
				Adjudicator or Agency has made a dispositive ruling, a party must amend or
				supplement a previously filed document upon learning that the filing is
				incomplete or incorrect in some material respect.
2. The Adjudicator may approve other
				amendments or supplements to filed documents, when justice so
				requires.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.16 - Time Computation

Current through Rules and Regulations filed through June 27, 2024
1. In computing any time period prescribed in
				these rules, the day from which the designated period begins to run is not
				included. The last day of the period so computed is included, unless it is a
				Saturday, Sunday, or state holiday. Intermediate Saturdays, Sundays, and state
				holidays are included in the computation.
2. When a party may or must act within a
				specified time after being served and service is made under Rule
				120-2-2-.14(1)(c)(ii)(3) (mail),
				(4) (leaving it with the Department), or (5)
				(other means consented to), three days are added after the period would
				otherwise expire under Rule
				120-2-2-.16(1).
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.17 - Motions

Current through Rules and Regulations filed through June 27, 2024
1.
How
				Made.
a. All motions must state the
				basis for the specific relief requested and be in writing, except as provided
				in Rule 120-2-2-.17(1)(b).
b. Unless the Adjudicator orders otherwise, a
				motion may be made orally during a conference or hearing. After providing an
				opportunity for response, the Adjudicator may rule on the motion immediately or
				may order that the motion and response be submitted in writing pursuant to Rule
				120-2-2-.17(1)(a).
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.18 - Subpoenas

Current through Rules and Regulations filed through June 27, 2024
1. Upon a party's
				request, a subpoena for testimony, records, or things shall be issued by the
				Department.
2. Upon motion of a
				person served with a subpoena (or by a party), the Adjudicator may quash or
				modify the subpoena for good cause shown.
3. Subpoenas must be served on all
				parties.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-16
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.19 - Withdrawal or Dismissal

Current through Rules and Regulations filed through June 27, 2024
1.
Withdrawal.
a. An adjudication may be withdrawn without
				an order of the Adjudicator
i. by filing a
				stipulation of all parties who have appeared in the adjudication, or
ii. by filing a notice of withdrawal by the
				party initiating the adjudication at any time before another party has served a
				document responding to the petition or, if there is none, before the
				introduction of evidence at the hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.20 - Initiation of Adjudication

Current through Rules and Regulations filed through June 27, 2024
1. An adjudication is initiated when a party
				files a petition.
2. The petition
				may be sent to the Department by either:
a.
				Mail: ATTN: Administrative Procedure Division,
Department of Insurance
2 Martin Luther King Jr. Dr.
716 West Tower, Floyd Bldg.
Atlanta, GA 30334, or
b. Email: AdminProc@oci.ga.gov
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.21 - Consolidation or Severance of Adjudication

Current through Rules and Regulations filed through June 27, 2024
1.
Consolidation.
The
				Adjudicator may, upon a party's motion or on her/his own authority, with
				reasonable notice and opportunity to object provided to all parties affected,
				consolidate any or all matters at issue in two or more adjudications docketed
				under these rules where common fact questions or applicable law exist and where
				such consolidation would expedite or simplify consideration of the issues and
				the interests of justice would be served. Consolidation must not prejudice any
				rights under these rules and must not affect the right of any party to raise
				issues that could have been raised if consolidation had not occurred. For
				purposes of this rule, no distinction is made between joinder and consolidation
				of adjudications.
2.
Severance.
Unless the Department or Adjudicator orders otherwise,
				the Adjudicator may by motion or on her/his own authority, for good cause
				shown, order any adjudication severed with respect to some or all parties,
				claims, and issues.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.22 - Intervention

Current through Rules and Regulations filed through June 27, 2024
1. Any person who
				desires to participate in an adjudication as an intervenor must file a motion
				to intervene. Unless ordered otherwise by the Adjudicator, a motion to
				intervene must be filed not later than 15 days after initiation of the
				adjudication.
2. A motion to
				intervene must:
a. specify the legal basis
				that supports the motion to intervene;
b. set forth the movant's property,
				financial, or other interest in the adjudication;
c. specify the aspect or aspects of the
				adjudication as to which the movant wishes to intervene; and
d. state any other facts or reasons why the
				movant should be permitted to intervene.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.23 - Limited Participation

Current through Rules and Regulations filed through June 27, 2024
1. A person wishing to participate in an
				adjudication other than as a party must file a motion to participate as a
				limited participant. The motion must state concisely the reasons why the movant
				wishes to participate in the adjudication and the extent of participation
				desired.
2. Any party may file a
				response within 10 days after a motion to participate as a limited participant
				is filed.
3. The Adjudicator may
				grant the motion, in whole or part, upon finding that the movant will
				contribute materially to the Adjudicator's ability to make an informed decision
				in the adjudication. The Adjudicator must give the movant notice of her/his
				decision on the motion.
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.24 - Settlement and Alternative Dispute Resolution

Current through Rules and Regulations filed through June 27, 2024
1.
Availability.
The parties may
				have the opportunity to submit a settlement to the Adjudicator or submit a
				request for alternative dispute resolution under Rule
				120-2-2-.24(4).
2.
Form.
A settlement must be in
				the form of a proposed settlement agreement, a consent order, and a motion for
				its entry, which must include the reasons it should be accepted and must be
				signed by the consenting parties or their authorized representatives.
3.
Content of Settlement
				Agreement.
The proposed settlement agreement must contain the following:
a. an admission of all jurisdictional
				facts;
b. an express waiver of
				further procedural steps before the Adjudicator or the Department, of any right
				to challenge or contest the validity of the order entered into in accordance
				with the agreement, and of all rights to seek judicial review or otherwise to
				contest the validity of the consent order;
c. a statement that the order will have the
				same force and effect as an order made after full hearing; and
d. a statement that matters in the parties'
				filings required to be adjudicated, if any, have been resolved by the proposed
				settlement agreement and consent order.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.25 - Prehearing Statement

Current through Rules and Regulations filed through June 27, 2024
1. The Adjudicator may require all parties to
				prepare prehearing statement(s) at a time and in the manner to be established
				by the Adjudicator.
2. Prehearing
				statement(s) must, unless the Adjudicator orders otherwise, set forth briefly
				the following matters:
a. issues involved in
				the adjudication;
b. stipulated
				facts together with a statement that the party (or parties) have communicated
				or conferred in a good-faith effort to reach stipulations to the fullest extent
				possible;
c. facts in
				dispute;
d. a list of witnesses,
				including expert witnesses, and exhibits to be presented during the hearing,
				including any stipulations relating to authenticity of records and expert
				witnesses;
e. a brief statement of
				applicable law;
f. the proposed
				legal conclusions to be drawn and remedies sought; and
g. estimated time required for presentation
				of the party's (or parties') case.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.26 - Summary Decision

Current through Rules and Regulations filed through June 27, 2024
1. Any party may, after commencement of the
				adjudication and at least 30 days before the date fixed for the hearing, move
				with or without supporting affidavits for full or partial summary decision in
				her/his favor. Any other party may, within 20 days after service of the motion,
				serve opposing affidavits or counter-move for full or partial summary decision.
				The Adjudicator has discretion to set the matter for argument and call for the
				submission of briefs.
2.
				Affidavits, if any, must set forth such facts as would be admissible in
				evidence and must show affirmatively that the affiant is competent to testify
				to the matters stated therein.
3.
				When a motion for summary decision is made and supported as provided in this
				rule, a party opposing the motion must set forth specific facts, by affidavits
				or as otherwise provided in this rule, showing that there is a genuine issue of
				material fact for the hearing. If a party opposing the motion declares via
				affidavit the reasons why that party cannot present, by affidavit or other
				evidence, facts essential to justify her/his opposition, the Adjudicator may
				deny the motion for summary decision or may order a continuance to permit
				affidavits or other evidence to be obtained or may make such other order as is
				just.
4. The Adjudicator may grant
				summary decision if the filed documents, affidavits, material obtained by
				discovery or otherwise, or matters officially noted show that there is no
				genuine issue as to any material fact and that a party is entitled to a summary
				decision.
5. The Adjudicator shall
				rule on a motion for summary determination in writing.
6. A ruling on all or any part of a motion
				for summary decision is not subject to interlocutory review, except to the
				extent such a ruling qualifies for interlocutory review as provided in Rule
				120-2-2-.45 (Interlocutory
				Review).
O.C.G.A. §
											33-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.27 - Scheduling, Location, and Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
1. Unless the Department provides otherwise,
				the Adjudicator is responsible for scheduling the hearing with due regard for
				the convenience and expense to the parties, their representatives, and
				witnesses, and the availability of suitable hearing facilities and other
				relevant factors. The Adjudicator must provide written notice to all parties of
				the time, place, and date for the hearing, the legal authority under which the
				hearing is to be held, and the matters at issue, at least 10 days before the
				date set for hearing. The hearing must be open to the public, unless the
				Adjudicator orders otherwise.
2. A
				request for a change in the time, place, or date of the hearing may be
				entertained by the Adjudicator. A hearing may be postponed by the Adjudicator
				for good cause, upon motion of a party or upon her/his own authority. A motion
				to postpone a hearing must be received at least 5 days prior to the date set
				for hearing. A motion for postponement received less than 5 days prior to the
				scheduled hearing will generally be denied unless good cause is shown for late
				filing.
3. At any time after
				commencement of an adjudication, any party may move to expedite the scheduling
				of a proceeding consistent with an agency's expedited hearing procedures. A
				party moving to expedite a proceeding must:
a.
				describe the circumstances justifying expedition, and
b. include affidavits to support any factual
				representations with the motion.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.28 - Type or Manner of Hearings

Current through Rules and Regulations filed through June 27, 2024
1. The Adjudicator has discretion, as
				consistent with agency policy and practice, to determine what type or manner of
				hearing is appropriate, including in-person hearings or remote hearings
				conducted by video conference or teleconference.
2. Before permitting the use of remote
				hearings the Adjudicator must determine that the use of such communications
				will not jeopardize the rights of any party to the hearing.
3. Hearings may be in the form of a notice to
				show cause stating that action may be taken by the Commissioner or the
				Department unless the party shows cause at the hearing, why the proposed action
				should not be taken.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-16,
				  33-2-17,
				  33-2-18,
				  33-2-19,
				  33-2-20,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.29 - Sequestration of Witnesses

Current through Rules and Regulations filed through June 27, 2024
1.
2. The Adjudicator, upon motion of a party or
				upon her/his own authority, may sequester witnesses to ensure that their
				testimony will not be influenced by the testimony of other witnesses.
3. As part of her/his sequestration order,
				the Adjudicator must notify the affected witnesses and parties of the terms of
				the sequestration.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-16,
				  33-2-17,
				  33-2-18,
				  33-2-19,
				  33-2-20,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.30 - Failure of Party to Appear

Current through Rules and Regulations filed through June 27, 2024
The Adjudicator may enter summary decision against a party
				  for failure to appear at a scheduled hearing unless that party shows good cause
				  for the failure to appear.
O.C.G.A. §
											33-2-9,
				  33-2-22
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.31 - Admissibility of Evidence

Current through Rules and Regulations filed through June 27, 2024
1. The Adjudicator may apply the rules of
				evidence as applied in the trial of civil nonjury cases in the superior courts
				and may, when necessary to ascertain facts not reasonably susceptible of proof
				under such rules, consider evidence not otherwise admissible in superior court
				if it is of a type commonly relied upon by reasonably prudent
				persons.
2. A party is entitled to
				present her/his case or defense by any evidence, to submit rebuttal evidence,
				and to conduct such cross-examination as may be required for a full and true
				disclosure of the facts. Any evidence may be received, but the Adjudicator must
				provide for the exclusion of irrelevant, immaterial, privileged, or unduly
				repetitious evidence.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.32 - Confidential, Sensitive, and Privileged Information

Current through Rules and Regulations filed through June 27, 2024
1. Unless the Adjudicator orders otherwise,
				the parties must redact all evidence proffered for admission in the same manner
				as required under Rule
				120-2-2-.13 (Form and Content of
				Filed Documents; Privacy Protections for Filings). The provisions of Rule
				120-2-2-.13 concerning filing under
				seal, waiver, and the application of redaction requirements to additional
				information apply to proffered evidence for admission.
2. Nothing in this rule limits the discretion
				of the Adjudicator to give effect to applicable privileges or permit full
				disclosure of the evidence without redaction as necessary for fair
				consideration of the evidence.
O.C.G.A. §
											33-2-9,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.33 - Official Notice

Current through Rules and Regulations filed through June 27, 2024
The Adjudicator may officially notice such matters as might
				  be judicially noticed by courts or such facts within the specialized knowledge
				  of the Department as an expert body. When a decision or part thereof rests on
				  the official notice of a material fact not appearing in the evidence in the
				  administrative record, any party, upon timely request, must have an opportunity
				  to show the contrary. The fact of official notice, if taken with or without a
				  party's challenge, must be stated in the decision.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.34 - Evidentiary Stipulations

Current through Rules and Regulations filed through June 27, 2024
1. The parties may stipulate in writing at
				any stage of the adjudication, or agree orally at the hearing, to any or all
				pertinent facts in the adjudication, unless the stipulation is determined by
				the Adjudicator to be contrary to law. Stipulations may be received in evidence
				before or at the hearing, and when received in evidence, will be binding on the
				parties to the stipulation. The Adjudicator may, for good cause shown, permit a
				party to introduce facts or argue points of law outside the scope of the facts
				and law outlined or stipulated to in prehearing statements.
2. Parties waive their right to a hearing on
				any stipulated fact(s) and their right to any hearing whatsoever if they
				stipulate all pertinent facts.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.35 - Written Testimony

Current through Rules and Regulations filed through June 27, 2024
1. The Adjudicator may accept and enter into
				the administrative record direct testimony of witnesses made by verified
				written statement rather than by oral presentation at the hearing. Witnesses
				whose testimony is presented by verified written statement must be available
				for cross-examination as may be required under Rule
				120-2-2-.31.
2. Testimony presented by written statement
				must be made under oath and verified by a notary public.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.36 - Oaths and Oral Examination

Current through Rules and Regulations filed through June 27, 2024
1. Witnesses must testify under oath or
				affirmation. Interpreters must also ascribe by oath or affirmation to the
				accuracy of the translation.
2. To
				the extent that cross-examination is permissible or required under Rule
				120-2-2-.31 (Admissibility of
				Evidence) or other law, cross-examination is limited to the scope of the direct
				examination and, subject to the Adjudicator's discretion, may be limited to
				witnesses whose testimony is adverse to the party desiring to cross-examine.
				The Adjudicator has discretion to permit inquiry into additional matters as if
				on direct examination, particularly when it would obviate the need to recall
				the witness.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.37 - Exhibits and Records

Current through Rules and Regulations filed through June 27, 2024
1. All exhibits offered in evidence by a
				party must be marked for identification before or during the hearing and must
				be numbered and marked with a designation identifying the sponsor. The Original
				of each exhibit offered in evidence or marked for identification must be filed
				and retained in the administrative record of the adjudication, unless the
				Adjudicator permits the substitution of copies for the Original record. The
				sponsoring party must supply copies of each exhibit to the Adjudicator and to
				each other party. A party may withdraw an exhibit from the administrative
				record during the hearing or at the conclusion of the hearing only with the
				Adjudicator's permission.
2. All
				exhibits offered but denied admission into evidence, except exhibits denied
				admission because of excessive size, weight, or other characteristic that
				prohibits convenient transportation or storage, must be placed in a separate
				file designated for rejected exhibits. A party may offer into evidence
				photographs, models, or other representations of any exhibit denied admission
				because of excessive size, weight, or other characteristic that prohibits
				convenient transportation or storage
3. Unless the Adjudicator orders otherwise,
				proposed exhibits to be offered upon direct examination must be exchanged 5
				days prior to the hearing. Proposed exhibits not so exchanged in accordance
				with the Adjudicator's order may be denied admission as evidence. A party
				concedes the authenticity of all exhibits submitted or exchanged prior to the
				hearing, under the Adjudicator's direction, unless that party files and serves
				on all parties written objection, or unless good cause is shown for failure to
				file and serve such written objection.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.38 - Witness Fees; Refusal to Testify

Current through Rules and Regulations filed through June 27, 2024
1.
Fees.
Witnesses, other than
				employees of the Department or employees otherwise compensated by another
				agency or employer, summoned in an adjudication are entitled to the same fees
				and mileage as witnesses in the courts of the State of Georgia, and witnesses
				whose depositions are taken and the persons taking the same will severally be
				entitled to the same fees as are paid for like services in the courts of the
				State of Georgia. Witness fees and mileage must be paid by the party at whose
				instance the witness appears, whether at a deposition or hearing.
2.
Failure or Refusal to
				Testify.
If a witness fails or refuses to testify, the failure or
				refusal to answer any question that the Adjudicator deems proper may be grounds
				for striking all or part of the testimony that the witness may have given, or
				for any other action that the Adjudicator deems appropriate.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-16,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.39 - Burden of Proof

Current through Rules and Regulations filed through June 27, 2024
1. In any case involving an administrative
				enforcement order, or the revocation, suspension, amendment, or non-renewal of
				a license, the holder of the license and the person against whom an order is
				issued shall bear the burden as to any affirmative defenses raised.
2. A party challenging the issuance,
				revocation, suspension, amendment, or non-renewal of a license who is not the
				licensee shall bear the burden.
3.
				An applicant for a license that has been denied shall bear the
				burden.
4. Any licensee that
				appeals the conditions, requirements, or restrictions placed on a license shall
				bear the burden.
5. Unless
				otherwise provided for in (1)-(4) of this Rule the proponent of a factual
				proposition has the burden of introducing evidence to support that
				proposition.
6. Unless otherwise
				provided by law, the standard of proof on all issues in a hearing shall be a
				preponderance of the evidence.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.40 - Closing of the Administrative Record

Current through Rules and Regulations filed through June 27, 2024
1. At the conclusion of the hearing, the
				Adjudicator, unless ordering otherwise, must close the administrative record.
				Once the administrative record is closed, no additional evidence will be
				accepted except upon a showing that the evidence is material and that there was
				good cause for failure to produce it prior to closing the administrative
				record.
2. Should the Adjudicator
				request the preparation of a transcript or require or authorize the filing of
				proposed findings of fact and conclusions of law, or briefs, the record shall
				be deemed closed upon the receipt of the transcript or upon the expiration of
				the time allowed for the required or authorized filings, whichever date is
				later.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.41 - Proposed Findings; Closing Arguments; Briefs

Current through Rules and Regulations filed through June 27, 2024
1. Before the Adjudicator's decision and upon
				such terms that the Adjudicator may find reasonable, any party is entitled to
				file a brief, and propose findings of fact, conclusions of law, and orders. The
				Adjudicator has discretion to hear oral argument. Any brief, proposed findings
				of fact, conclusions of law, orders, and any oral argument must be included as
				part of the administrative record.
2. When providing oral decisions from the
				bench, the Adjudicator may permit or preclude the filing of briefs.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-2 - PRACTICE AND PROCEDURE › Rule 120-2-2-.42 - Record of Hearing

Current through Rules and Regulations filed through June 27, 2024
1. All hearings must be recorded and made
				part of the administrative record. Exhibits admitted into evidence, or exhibits
				proffered and rejected by the Adjudicator and placed in a rejected exhibit
				file, and evidentiary stipulations at the hearing, become part of the
				administrative record.
2. The
				Adjudicator must reflect in the administrative record any approved correction
				to the transcript.
3. All pleadings
				and motions, all recordings or transcripts of oral hearings or arguments, all
				written direct testimony, all other data, studies, reports, documentation,
				information, and other written material of any kind submitted in the
				proceedings, a statement of matters officially noticed, all proposed findings
				of fact, conclusions of law, and briefs, as well as the Initial or Final
				Decision shall be a part of the hearing record and shall be available to the
				public, except as provided by law according confidentiality.
4. Evidentiary hearings shall be either
				stenographically reported verbatim or recorded by electronic means. Upon
				written request, a copy of the record of any oral proceeding shall be furnished
				to the Department at no cost and to any other party at the requesting party's
				expense.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21
et
				  seq.