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-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words and terms as used in these rules shall
				  have the meaning hereinafter ascribed to them:
1. "Adjudicator" means the Commissioner's
				duly appointed representative, appointed pursuant to O.C.G.A. §
									33-2-6, whom he or she deems
				qualified by reason of training, experience and competence.
2. "Adjudication" means a trial
				type-proceeding that offers an opportunity for fact-finding before an
				adjudicator.
3. "Administrative
				record" includes the transcript or recording of the hearing and any transcribed
				or recorded conferences or oral arguments before the Adjudicator, all exhibits
				and stipulations filed in the adjudication, all exhibits excluded from the
				adjudication but preserved for purposes of administrative review, all party and
				limited participant filings, all written orders or decisions of the
				Adjudicator, any disclosure of ex parte contacts required under Rule
				120-2-2-.09 (Ex Parte
				Communications), any written statements of settlement, and any other matters
				required or permitted under these rules to be included, whether with or without
				leave from the Adjudicator.
4.
				"APA" means the Georgia Administrative Procedure Act, O.C.G.A. Title 50,
				Chapter 13.
5. "Commissioner" means
				the Insurance Commissioner of the State of Georgia.
6. "Contested Case" means a proceeding,
				including but not restricted to rate making, price fixing, and licensing, in
				which the legal rights, duties, or privileges of a party are required by law to
				be determined after an opportunity for hearing.
7. "Department" means the Department of
				Insurance of the State of Georgia.
8. "Docketed Party" is a named person
				required by law to participate in an adjudication.
9. "Intervenor" is a person either entitled
				by law or permitted by the Department to participate with full or limited
				rights as a party, despite not being a Docketed Party to an
				adjudication.
10. "License" means
				and includes the whole or part of any Department permit, certificate, approval
				registration or similar form of permission with reference to any activity of
				continuing nature as provided for by the Georgia Insurance Code.
11. "Limited participant" is a person, who is
				not a party, permitted by agency discretion to participate in an
				adjudication.
12. "Motion" means a
				request made to the Adjudicator or to the Department, as may be
				appropriate.
13. "Notice of
				Hearing" means a written statement of the substance of a specific charge
				alleging violation of any rule or statute to be considered at a hearing to the
				person or party affected or of the substance of a proposed rule to be
				considered which will afford actual notice to all interested persons. Such
				notice shall be served in accordance with Rule
				120-2-2-.14(1)(c)(ii)
				that follows. Provided, however, that when the Commissioner certifies for the
				record that an emergency exists requiring the holding of a hearing upon notice
				less than twenty (20) days, a hearing may be held with less than twenty (20)
				days' notice but not less than 10 days' notice.
14. "Party" is a Docketed Party, agency, or
				intervenor in an adjudication.
15.
				"Person" includes an individual, partnership, corporation, association, public
				or private organization, or governmental agency.
16. "Petition" A written application from a
				person or persons to the Department or the Commissioner asking that authority
				be exercised to grant relief or privileges.
17. "Record" (noun) is a document or other
				information that is inscribed on a tangible medium or stored in an electronic
				or other medium and retrievable in perceivable form.
18. "Record" (verb) means to preserve or
				convert proceedings, discussions, or other actions in permanent form via audio,
				video, stenographic, or other reasonable means.
19. "Rule" means each regulation, standard or
				statement of general applicability that implements, interprets or prescribes
				law or policy, or describes the organization, procedure or practice
				requirements. The term includes the amendment or repeal of a prior
				rule.
20. "Settlement Adjudicator"
				is an adjudicator other than the Adjudicator presiding over a case, whom the
				Commissioner appoints to facilitate settlement or other dispute resolution
				under Rule
				120-2-2-.23 (Settlement and
				Alternative Dispute Resolution).
O.C.G.A.
				  §§
											33-2-9,
				  33-2-17
et
				  seq
.