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-.43 - Decision of Adjudicator

Current through Rules and Regulations filed through June 27, 2024
The Adjudicator must prepare a decision containing:
1. findings of fact, conclusions of law, and
				discretionary determinations based on consideration of the whole administrative
				record;
2. an order recommending
				the final disposition of the case, including relief, if appropriate;
3. the date upon which the decision will
				become effective (e.g., the day of issuance); and
4. a statement of further right to
				review.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-21,
				  33-2-23
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-.44 - Reopening of Case

Current through Rules and Regulations filed through June 27, 2024
1. A decision that has otherwise become final
				may be reopened:
a. upon the Adjudicator's
				order, within 30 days of the notice of the decision to correct a clerical error
				or for good cause shown;
b. upon a
				party's motion to reopen for good cause filed within 60 days of the notice of
				the decision; or
c. upon the
				Adjudicator's order at any time if there is evidence that the hearing decision
				may have been procured by fraud or similar fault.
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-.45 - Interlocutory Review

Current through Rules and Regulations filed through June 27, 2024
1. Interlocutory review should be handled on
				an expedited basis.
2. A party that
				seeks interlocutory review of an adjudicator's decision, or part thereof, must
				file a petition with the Adjudicator. The petition must:
a. be filed with the Adjudicator within 10
				days after the Adjudicator's decision;
b. designate the decision (or part thereof)
				from which review is sought; and
c.
				set forth the grounds on which review is sought, including all applicable
				points of fact and law, and the reasons why interlocutory review is warranted
				under Rule
				120-2-2-.45(4).
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-.46 - Petitions for Review

Current through Rules and Regulations filed through June 27, 2024
1. Any party may file with the Department a
				petition for review within 30 days after issuance of the Adjudicator's
				decision. Two or more parties may join in the same petition.
2. A petition for review, no more than 2000
				words, must be filed only upon one or more of the following grounds:
a. a finding of material fact is not
				supported by substantial evidence;
b. a necessary legal conclusion is
				erroneous;
c. the decision is
				contrary to law or to the duly promulgated rules or decisions of the
				Department;
d. a substantial
				question of law, policy, or discretion is involved; or
e. a prejudicial error of procedure was
				committed.
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-.47 - Record Before the Department

Current through Rules and Regulations filed through June 27, 2024
The Adjudicator must decide each matter on the basis of the
				  whole administrative record.
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-.48 - Appellate Briefs

Current through Rules and Regulations filed through June 27, 2024
1. Unless the Commissioner orders otherwise,
				a party must file a brief in support of its petition for review within 30 days
				after the Commissioner grants the petition. If a petitioner fails to file a
				timely brief, the order granting review may be vacated. Other parties may file
				any briefs they wish considered by the Commissioner within 15 days after the
				petitioner's brief is served. If the Adjudicator orders review on his or her
				own motion, all parties must file any briefs they wish considered by the
				Commissioner within 30 days of the order, unless the Adjudicator otherwise
				orders.
2. Except by permission of
				the Commissioner, a brief must not exceed 2000 words.
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-.49 - Oral Argument

Current through Rules and Regulations filed through June 27, 2024
When a petition for review has been filed the Commissioner
				  may permit oral argument in his/her discretion. The order scheduling a case for
				  oral argument must contain the allotment of time for each party and order of
				  presentation for oral argument before the Commissioner.
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-.50 - Final Decision

Current through Rules and Regulations filed through June 27, 2024
1. Upon conclusion of the hearing, the
				Adjudicator will write a reasoned opinion explaining his findings of facts and
				conclusions of law and furnish each party a copy within fifteen (15) days after
				concluding the hearing.
2. The
				Adjudicator, will certify the entire record of the case and send it, along with
				his opinion to the Commissioner for review.
3. The Commissioner will render his final
				decision within thirty (30) days. The Commissioner's final decision should be
				expressed in clear and intelligible language so that all parties will
				understand the outcome of the case and the actions required to be taken if
				any.
4. If no petition for review
				is filed, and the Commissioner has not taken review of the Adjudicator's
				decision on its own authority, the decision becomes the final decision of the
				Commissioner 30 days after issuance.
5. When a case stands submitted for final
				decision on the merits, the Department will dispose of the issues presented by
				entering an appropriate order, which will include findings and conclusions and
				the reasons or bases therefor.
6.
				In appropriate cases, the Commissioner may simply adopt the Adjudicator's
				decision.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-23
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-.51 - News Coverage of Hearings

Current through Rules and Regulations filed through June 27, 2024
In all adjudications open to the public, persons desiring to
				  broadcast, record, or photograph any portion of the hearing must file a timely
				  written request with the Adjudicator prior to the hearing. The request shall
				  specify the particular hearing for which such coverage is requested, the type
				  of equipment to be used in the courtroom, and the person responsible for
				  installation and operation of such equipment. The Adjudicator shall resolve
				  such request in the manner prescribed for such a request by the Uniform Rules
				  of the Superior Courts of the State of Georgia.
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-.52 - Declaratory Rulings

Current through Rules and Regulations filed through June 27, 2024
(1) An interested person may, by petition
				setting forth all the facts, obtain declaratory rulings by the Commissioner as
				to the applicability of any rule or order of the Commissioner.
(2) An interested person may, by petition
				setting forth all the facts, obtain declaratory rulings by the Commissioner as
				to the applicability of any statutory provisions.
(3) All such petitions requesting declaratory
				rulings shall set forth actual facts or situations. The Commissioner will make
				no ruling on untrue or hypothetical facts.
(4) All rulings hereunder shall be contingent
				upon the truthfulness of the facts set forth in the petition requesting a
				declaratory ruling.
(5) Within
				thirty (30) days of the date of filing such petition, the Commissioner will
				rule thereon, provided, however, the Commissioner may by order extend such
				thirty (30) day period if he recites in such extension order the reasons
				therefor.
(6) The date of filing
				shall be the date received by the Commissioner.
(7) The date of filing shall be prominently
				affixed to the petition.
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-.53 - Unfair Trade Practices

Current through Rules and Regulations filed through June 27, 2024
(1) Except to the extent provided for in this
				rule, proceedings by the Department for an alleged unfair method of competition
				or an unfair or deceptive act or practice shall be in conformity with the
				provisions of Rules
				120-2-2-.04 -120-2-2-.50.
(a) a hearing shall be held not less than
				fifteen (15) days after the date of service of the charges;
(b) at the hearing, a party charged with an
				unfair method of competition or an unfair and deceptive act or practice shall
				have an opportunity to be heard and to show cause why an order should not be
				entered requiring the party to cease and desist from the acts, methods or
				practices complained of.
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-.54 - Licensing

Current through Rules and Regulations filed through June 27, 2024
When the grant, denial of renewal of any license, not
				  specifically provided for in these rules, is required by law to be preceded by
				  notice and opportunity for hearing, the provisions of Rules
				  120-2-2-.04 -120-2-2-.50 shall
				  apply.
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-.55 - Renewal Licenses

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.55 entitled "Renewal
					 Licenses" This Regulation is on file in the office of the Comptroller General
					 and is open for public examination and copying. Original Rule entitled "Renewal
					 Licenses" adopted. F. July 17, 1967; eff. July 10, 1967, as specified by the
					 Agency. In accordance with Ga. Laws 1967, p. 618; Ga. Code Ann., Section
					 3A-124, the contents of this Rule is not filed with or published by the
					 Secretary of State; only the names and designations are filed, printed and
					 distributed.
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-.56 - First-Time Applicants

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.56 entitled "First-Time
					 Applicants" This Regulation is on file in the office of the Comptroller General
					 and is open for public examination and copying. Original Rule entitled
					 "First-Time Applicants" adopted. F. July 17, 1967; eff. July 10, 1967, as
					 specified by the Agency. In accordance with Ga. Laws 1967, p. 618; Ga. Code
					 Ann., Section 3A-124, the contents of this Rule is not filed with or published
					 by the Secretary of State; only the names and designations are filed, printed
					 and distributed.
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-.57 - Continuing Education Requirements

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.57 entitled "Continuing
					 Education Requirements" This Regulation is on file in the office of the
					 Comptroller General and is open for public examination and copying. Original
					 Rule entitled "Continuing Education Requirements" adopted. F. July 17, 1967;
					 eff. July 10, 1967, as specified by the Agency. In accordance with Ga. Laws
					 1967, p. 618; Ga. Code Ann., Section 3A-124, the contents of this Rule is not
					 filed with or published by the Secretary of State; only the names and
					 designations are filed, printed and distributed.
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-.58 - Advisory Committee; Course and Instructor Approval for Continuing Education Requirements; Certificate

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.58 entitled "Advisory
					 Committee; Course and Instructor Approval for Continuing Education
					 Requirements; Certificate" This Regulation is on file in the office of the
					 Comptroller General and is open for public examination and copying. Original
					 Rule entitled "Advisory Committee; Course and Instructor Approval for
					 Continuing Education Requirements; Certificate" adopted. F. July 17, 1967; eff.
					 July 10, 1967, as specified by the Agency. In accordance with Ga. Laws 1967, p.
					 618; Ga. Code Ann., Section 3A-124, the contents of this Rule is not filed with
					 or published by the Secretary of State; only the names and designations are
					 filed, printed and distributed.
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-.59 - Vending Machine Licenses (Travel Accident or Baggage Insurance)

Current through Rules and Regulations filed through June 27, 2024
(1) A licensed
				resident agent or broker may solicit applications for and issue policies of
				personal travel accident or baggage insurance by means of mechanical vending
				machines if he obtains a vending machine license for each such machine
				supervised by him. For each vending machine, the agent or broker shall submit a
				completed form GID-108, entitled "Georgia Insurance Vending Machine License,"
				attached hereto as "Exhibit I",* and incorporated herein.
(2) The applicant shall enter the serial
				number of the vending machine, the name and address of the insurer, the name
				and address of the agent, and the place where the machine is to be in
				operation.
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(3)
				Upon receipt of the completed application and the required $5 license fee as
				provided in Section 56-1301 of the Georgia Insurance Code, the agent will be
				issued a vending machine license, which must be affixed to the machine in a
				prominent position.
(4) Application
				forms GID-108, used for procuring vending machine licenses, may be obtained by
				submitting a request to the Georgia Insurance Department, Agents Licensing
				Division, Room 132, State Capitol Building, Atlanta, Georgia.
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-.60 - Surplus Lines Brokers Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) Any person, while licensed as a resident
				agent or broker as to Property, Casualty and Surety insurance, and who is
				deemed by the Commissioner to be competent and trustworthy, may be licensed as
				a surplus lines broker. The applicant shall submit a completed form GID-109,
				entitled "Surplus Lines Broker License Application", attached hereto as
				"Exhibit J", and incorporated herein.
(2) The applicant shall enter his name and
				license number as it appears on his current license, his business and residence
				addresses, and the type license he holds (whether agent or broker). He must
				also certify that he has read and understands the Surplus Lines Insurance Law
				(Sections 56-613 through 56-628 of the Georgia Insurance Code). Applicant shall
				date and sign the application and have his signature notarized. Applicant must
				submit with his application a $20,000 Surplus Lines Brokers Bond form
				GID-114.
(3) Upon receipt of the
				completed application, the $20,000 bond and the required $300 license fee as
				provided in Section 56-618 and 56-1301 of the Georgia Insurance Code, if
				qualified therefor, the applicant will be issued a Surplus Lines Broker's
				license.
(4) Application forms
				GID-109 and bond forms GID-114, used for procuring surplus lines broker's
				licenses, may be obtained by submitting a request to the Georgia Insurance
				Department, Agents Licensing Division, Room 132, State Capitol Building,
				Atlanta, Georgia.
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-.62 - Bonds

Current through Rules and Regulations filed through June 27, 2024
(1) Kinds of Bonds
				Required:
(a) To secure a broker's license,
				whether resident or nonresident, along with the application, a bond must be
				submitted on form GID-112, entitled "Insurance Broker's Bond", attached hereto
				as "Exhibit L", and incorporated herein;
(b) To secure a public adjuster's license,
				along with the application a bond must be submitted on Form GID-113, entitled,
				"Public Adjuster's Bond", attached hereto as "Exhibit M", and incorporated
				herein;
(c) To secure a surplus
				lines broker's license, along with the application, a bond must be submitted on
				form GID-114, entitled "Surplus Lines Broker's Bond", attached hereto as
				"Exhibit N", and incorporated herein.
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-.63 - Approval of Formal Classroom Training Courses

Current through Rules and Regulations filed through June 27, 2024
Complying with the pertinent regulations, an insurer may seek
				  approval of a training course by submitting a complete outline of the subjects
				  to be taught each hour, the instructor for each subject, using a minimum of
				  forty (40) hours of actual classroom instructions, a resume of each instructor
				  showing his background of training and experience, a statement describing the
				  classroom facilities, physical equipment and instructional material to be used.
				  The insurer is notified of approval, or upon disapproval, such notification
				  shall indicate wherein the submitted material does not comply with the
				  pertinent regulations.
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-.64 - Study Manuals and Materials

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.64 entitled "Study Manuals
					 and Materials" This Regulation is on file in the office of the Comptroller
					 General and is open for public examination and copying. Original Rule entitled
					 "Study Manuals and Materials" adopted. F. July 17, 1967; eff. July 10, 1967, as
					 specified by the Agency. In accordance with Ga. Laws 1967, p. 618; Ga. Code
					 Ann., Section 3A-124, the contents of this Rule is not filed with or published
					 by the Secretary of State; only the names and designations are filed, printed
					 and distributed.
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-.65 - Procedures-Claims and Investigation Division

Current through Rules and Regulations filed through June 27, 2024
(1) Action by this Division is instigated by
				either a written complaint or a personal visit to the office by a
				complainant.
(2) A record is made
				of the complaint. Such record contains the name of the complainant, the person
				or party against whom the complaint is made and a statement of the nature of
				the complaint.
(3) The complaint is
				then assigned to the investigator best qualified to make the particular
				investigation.
(4) The investigator
				obtains through investigation all available data necessary to properly evaluate
				the claim. The investigator will obtain copies of the statement of the claim
				made by the claimant; all available medical data; and the policy will be
				thoroughly evaluated to determine if a legitimate claim has been
				denied.
(5) The Division reviews
				the estimates of loss in all claims involving fire and casualty to determine if
				an offer is based on a legitimate estimate.
(6) If an investigation discloses
				misrepresentation or any other unfair trade practice, the facts are submitted
				to the Commissioner for his determination as to the course the Department will
				follow to halt the practice.
(7)
				Investigation is made regardless of amount and the policyholder is informed as
				to the Division's view and if the claim is uncollectible, the file is
				closed.
(8) The Division will not
				actively participate in third party claims unless it is obvious on the face of
				the complaint that either party is acting in bad faith.
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-.66 - Procedures-Policy Forms Division

Current through Rules and Regulations filed through June 27, 2024
(1) Filing Policies:
(a) All domestic foreign and alien life and
				accident and sickness insurers doing business within the State of Georgia shall
				file a single copy of each policy form used by such insurers with duplicate
				letters of transmittal;
(b)
				Policies filed with this division will be evaluated for the purposes of
				determining if the policy meets the minimum requirements of law; determining if
				the policy is actuarially sound; determining that policies are not detrimental
				to the public interest; and determining if construction of the policy renders
				terms or language conflicting or ambiguous;
(c) After thorough evaluation a policy is
				either approved or denied, however, approval may consist of outright approval
				or conditional approval or additional information may be required prior to any
				action by this Division. A policy may be deemed approved by operation of law if
				not acted upon within 30 days after filing; an extension of 30 days may be
				granted by the Commissioner. Policy form approval once granted may be withdrawn
				after notice and cause shown.
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-.67 - Trade Secret Assertions

Current through Rules and Regulations filed through June 27, 2024
(a) Any entity that is required by law,
				regulation, bid or request for proposal to submit to an agency records that it
				wishes to be confidential under O.C.G.A. Section
				50-18-72(a)(34),
				shall attach to the records an affidavit that includes the following:
(1) An affirmative declaration that specific
				information in the records constitutes trade secrets pursuant to Article 27 of
				Chapter 1 of Title 10;
(2) An
				identification of the specific information by page number, document, exhibit or
				other identifying characteristic;
(3) An affirmative declaration that the
				entity does not wish the information to be made public;
(4) An affirmative declaration that the
				information is not commonly known by or available to the public;
(5) An affirmative declaration that the
				entity derives economic value, actual or potential, from the information not
				being generally known to, and not being readily ascertainable by proper means
				by, other persons who can obtain economic value from its disclosure or use;
				and
(6) An affirmative declaration
				that the information is the subject of reasonable efforts under the
				circumstances to maintain its secrecy.
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-.68 - Rating Division Regulations

Current through Rules and Regulations filed through June 27, 2024
(1) Purpose of Rate Regulation
				Statutes
(2) Filing of Rates,
				Rating Plans, Rating Systems, Underwriting Rules, Policy and Bond
				Forms
(3) Insurer's Membership in
				Rating Organizations
(4) Prior
				Approval of Policy and Bond Forms
(5) Changes in Rates, Rating Plans, Rating
				Systems and Underwriting Rules
(6)
				Rules for Submitting Property, Marine and Transportation, and Casualty
				(Excluding Accident and Sickness) Policies and Forms.
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-.69 - Examinations Under Open Competition Rating Law

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											33-2-9
et
				  seq.
Chapter 120-2-2 of the Rules and Regulations of the Georgia
					 Insurance Department entitled "Practice and Procedure" has been amended by
					 adding a new Rule
					 120-2-2-.69 entitled "Examinations
					 Under Open Competition Rating Law." This Regulation is on file in the office of
					 the Comptroller General and is open for public examination and copying.
					 Original Rule entitled "Examinations Under Open Competition Rating Law"
					 adopted. F. July 17, 1967; eff. July 10, 1967, as specified by the Agency. In
					 accordance with Ga. Laws 1967, p. 618; Ga. Code Ann., Section 3A-124, the
					 contents of this Rule is not filed with or published by the Secretary of State;
					 only the names and designations are filed, printed and distributed.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.01 - Authority

Current through Rules and Regulations filed through June 27, 2024
This Regulation is adopted and promulgated by the
				  Commissioner of Insurance pursuant to the authority set forth in O.C.G.A.
				  §§
									33-2-9 and
				  33-23-44.
O.C.G.A. Secs.
				  33-2-9,
				  33-23-44.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.02 - Purpose and Applicability

Current through Rules and Regulations filed through June 27, 2024
The purpose of this Regulation is to set forth rules and
				  procedural requirements which the Commissioner deems necessary to carry out the
				  provisions of Chapter 23 of Title 33 of the Official Code of Georgia Annotated
				  relating to the licensing of agents, subagents, adjusters, counselors,
				  agencies, and surplus line brokers. The information called for by this
				  Regulation is hereby declared to be necessary and appropriate in the public
				  interest and for the protection of the public in this State.
O.C.G.A. Secs.
				  33-2-9,
				  33-23-44.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.03 - Use of Terms and Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1) "Purchaser," as that term is used in Code
				Section 33-23-1(a)(11),
				shall include but is not limited to a current or prospective coemployer, or one
				of its employees, of a "professional employer organization," as that term is
				defined in subsection (a) of Code Section
				34-7-6.
(2) Policy Servicing and Administration
(a) Serving the master policyholder of group
				insurance in administering the details of such insurance, pursuant to O.C.G.A.
				§
										33-23-1(b)(6), or
				engaging in the administration or operation of a program of employee benefits
				for the employer's or association's own employees or the employees of its
				subsidiaries or affiliates, pursuant to O.C.G.A. §
										33-23-4(h)(2)(C),
				includes but is not limited to the following types of activities:
1. Creating or implementing a recordkeeping
				system to track contribution and benefit payments, to maintain participant
				information, and to accurately comply with government reporting requirements;
2. Acquiring evidence of coverage
				and plan member information booklets or materials from insurers to distribute
				to employees;
3. Collecting
				employee information to enroll employees in the group plan as necessary (e.g.,
				social security number, date of birth, job title, salary) and transmitting such
				information to the insurer;
4.
				Deducting premiums from an employee's wages as necessary;
5. Remitting premiums from employees to the
				insurer;
6. Collecting and
				reporting to the insurer changes regarding an employee's family status (e.g.,
				marriages, divorce, death, birth of child) or work status (e.g., terminations,
				new hires, change in employee's work hours - full-time/part-time); and
7. Administering or facilitating
				the termination of benefits or the extension of COBRA coverage.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.04 - Forms of Filings

Current through Rules and Regulations filed through June 27, 2024
(1) Unless otherwise indicated, and to the
				extent provided, each filing required under this Regulation Chapter is to be
				made on forms prescribed by the Commissioner. Such forms can be obtained from
				the Office of Commissioner of Insurance.
(2) Forms may be reproduced and may be
				altered to accommodate manual or automated processing provided the same
				information is presented in the same order as in the forms obtained from the
				Office of Commissioner of Insurance.
(3) The Commissioner may allow or require
				submissions and filings required by Chapter 23 of Title 33 of the Official Code
				of Georgia Annotated and/or this Regulation to be made by electronic
				means.
O.C.G.A. Secs.
				  33-2-9,
				  33-23-44.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.06 - Kinds of Licenses Issued

Current through Rules and Regulations filed through June 27, 2024
(1) Agent and agency licenses will be issued
				in the following categories:
(a) Life -
				insurance coverage on human lives including benefits of endowment and
				annuities, and may include benefits in the event of death or dismemberment by
				accident and benefits for disability income.
(b) Accident and sickness - insurance
				coverage for sickness, bodily injury or accidental death and may include
				benefits for disability income.
(c)
				Property - insurance coverage for the direct or consequential loss or damage to
				property of every kind.
(d)
				Casualty - insurance coverage against legal liability, including that for
				death, injury or disability or damage to real or personal property; also
				includes surety.
(e) Variable
				products - insurance coverage provided under variable life and variable annuity
				contracts.
(f) Personal lines -
				property and casualty insurance coverage sold to individuals and families for
				primarily noncommercial purposes.
(g) Credit - limited line credit
				insurance.
(h) Any other line of
				insurance permitted by Georgia law or regulation.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.07 - Resident Agent License Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) In order to be eligible for any resident
				agent insurance license issued in accordance with Chapter 23 of Title 33 of the
				Official Code of Georgia Annotated and this Regulation, the applicant must make
				proper application to the Commissioner and pay all required fees.
(2) New applicants, excluding active
				licensees and individuals that apply for reinstatement within 6 months of
				expiration date, shall be required to submit electronic fingerprints through a
				vendor selected by the Department for a criminal background check. The
				applicant shall bear the cost for electronic fingerprinting.
(3) The resident agent applicant must
				complete an approved prelicensing course unless specifically exempted by
				Chapter 23 of Title 33 of the Official Code of Georgia Annotated or this
				Regulation. All prelicensing courses must contain a minimum of twenty (20)
				hours of instruction per major line of authority; the major lines are
(a) Life;
(b) Accident and Sickness;
(c) Property;
(d) Casualty; and
(e) Personal Lines.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.08 - Prelicensing Course and Provider Approval

Current through Rules and Regulations filed through June 27, 2024
(1) All agent and adjuster prelicensing
				courses must contain a minimum of twenty (20) hours of instruction per major
				line of authority; the major lines are
(a)
				Life;
(b) Accident and
				Sickness;
(c) Property;
(d) Casualty; and
(e) Personal Lines.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.09 - Examinations

Current through Rules and Regulations filed through June 27, 2024
(1) All resident
				applicants required under Chapter 23 of Title 33 of the Official Code of
				Georgia Annotated shall submit to examination by the Commissioner except:
(a) Applicants for agent licenses in lines or
				sublines of life or accident and sickness insurance who hold the designation of
				Chartered Life Underwriter (CLU) or Fellow Life Management Institute
				(FLMI);
(b) Applicants for agent
				licenses in lines or sublines of property and casualty who hold the designation
				of Chartered Property and Casualty Underwriter (CPCU);
(c) Applicants for licenses as counselors who
				hold the designation of Certified Insurance Counselor (CIC), Accredited Advisor
				in Insurance (AAI), Registered Employee Benefits Consultant (REBC), CPCU as
				specified in Rule
				120-2-3-.09(1)(b),
				CLU or FLMI as specified in Rule
				120-2-3-.09(1)(a),
				or applicants deemed by the Commissioner to have sufficient experience and
				qualifications in the lines of authority for which the applicant seeks
				licensure;
(d) Applicants for
				Limited Health Counselor licensure that have five (5) years' experience
				licensed as an agent in the line of accident and sickness;
(e) Applicants for Limited Health Counselor
				licensure that hold the designation of CIC, CLU, FLMI, REBC and Registered
				Health Underwriter (RHU);
(f)
				Applicants for limited licenses in accordance with Rules
				120-2-3-.29,
				.31,
				.32,
				.39,
				.44,
				.45, and
				.47 of this Regulation
				Chapter;
(g) Applicants holding a
				Ph.D. in Risk Management;
(h)
				Adjusters who are salaried employees of insurers;
(i) Applicants for temporary
				licenses;
(j) Applicants for credit
				insurance agent licenses;
(k)
				Applicants for a workers compensation adjuster license who hold the designation
				of Certified Workers Compensation Professional (CWCP);
(l) Applicants for adjuster licenses who hold
				the designation of Universal Claims Certification (UCC);
(m) Such other applicants as the Commissioner
				may, at his discretion, determine.
(n) The applicant who was previously licensed
				for the same lines of authority in another state shall not be required to
				complete any prelicensing education or examination. This exemption is only
				available if the individual is currently licensed in that state or if the
				application is received within 90 days of the cancellation of the applicant's
				previous license. The applicant must have been in good standing with the prior
				state as evidenced by a certificate of good standing provided by that state and
				verifiable in the producer data base records maintained by authorized systems.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.10 - Testing - Authority for Alternate Means

Current through Rules and Regulations filed through June 27, 2024
The Commissioner may enter into agreements with persons for
				  the purpose of providing licensing testing services to the Department. In
				  addition to the fees required, applicants tested under such agreements will be
				  required to pay directly to the provider the cost of such
				  service.
O.C.G.A. Secs.
				  33-2-9,
				  33-8-1,
				  33-23-10,
				  33-23-44.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.11 - Background Investigation

Current through Rules and Regulations filed through June 27, 2024
(1) Any natural person filing an application
				or other filing with the Commissioner under Chapter 23 of Title 33 of the
				Official Code of Georgia Annotated and this Regulation must give his or her
				permission for a criminal background investigation.
(2) New resident applicants, excluding active
				licensees and individuals that apply for reinstatement within 6 months of
				expiration date, shall be required to submit electronic fingerprints through a
				vendor selected by the Department for a criminal background check. The
				applicant shall bear the cost for electronic fingerprinting.
O.C.G.A. §§
											33-2-9,
				  33-23-5,
				  33-23-5.1,
				  33-23-8,
				  33-23-44.
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 120-2-3 - REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES › Rule 120-2-3-.13 - Renewal of Educational and Providers

Current through Rules and Regulations filed through June 27, 2024
(1) All approved educational providers must
				file a renewal application and pay the required fees on or before October 1 of
				each year.
(2) Approval is hereby
				withdrawn without further notice for any provider not renewing as required in
				paragraph (1). Failure to renew will result in the cancellation of all
				educational providers and courses.
(3) All approved education instructors must
				file for renewal and pay the required fees biannually on or before December 31
				of odd number years. The first renewal date is December 31, 2023.
(4) All courses must file for renewal and pay
				the required fees biannually by the last day of the original approval date. All
				courses are eligible to be renewed two times. In the seventh year of the
				course, the provider shall be required to apply for approval of the course to
				be offered.
(a) All courses approved prior to
				January 1, 2018, are not eligible for renewal and will be inactivated on
				December 31, 2023. Providers must apply for approval of the course to be
				offered.
(b) All courses that were
				approved in 2018 will remain active until the last day of the approved month in
				2024. These courses will not be eligible for renewal and to be continued to be
				offered, the provider must apply for approval.
(c) All courses that were approved in 2019
				will remain active until the last day of the approved month in 2025. These
				courses will not be eligible for renewal and to be continued to be offered, the
				provider must apply for approval.
(d) All courses that were approved in 2020
				will remain active until the last day of the approved month in 2026. These
				courses will be eligible for renewal.
(e) All courses that were approved in 2021
				will remain active until the last day of the approved month in 2027. These
				courses will be eligible for renewal.
(f) All courses that were approved in 2022
				will remain active until the last day of the approved month in 2024. These
				courses will be eligible for two renewals.
(g) All courses that were approved in 2023
				will remain active until the last day of the approved month in 2025. These
				courses will be eligible for two renewals.