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-.14 - Service and Filing of Documents

Current through Rules and Regulations filed through June 27, 2024
1.
Service.
All documents in the
				adjudication must be served as set forth below.
a.
Service by the Department.
The Department or the Adjudicator must serve one copy of all subpoenas, orders,
				notices, decisions, rulings on motions, and similar documents issued by the
				Department or the Adjudicator upon each party and limited participant in
				accordance with Rule
				120-2-2-.14(1)(c)
				below. Every document served by the Department or the Adjudicator must be
				accompanied by a certificate of service that provides the information in the
				form described in Rule
				120-2-2-.14(3)(b)
				below.
b.
Service by Party or
				Limited Participant.
i.
In
				General.
Unless these rules provide otherwise or the Adjudicator orders
				otherwise, each of the following papers must be served on every party and
				limited participant:
1. a document filed
				after the document initiating the adjudication under Rule
				120-2-2-.20 (Initiation of
				Adjudication);
2. a written motion,
				except one that may be heard ex parte;
3. a written notice or appearance or any
				similar document; and
4. any other
				document permitted to be filed by the Department rules or by the
				Adjudicator.
ii.
If
				a Party Fails to Appear.
No service is required on a party who is in
				default for failing to appear. But a document that asserts a new claim against
				such a party must be served on that party.
c.
Service: How Made.
i.
Service on Whom.
1. If a party or limited participant is
				represented by an attorney or authorized representative, service under this
				rule must be made on the attorney or authorized representative unless the
				Adjudicator orders service on the party or limited participant.
2. If a party or a limited participant is not
				represented, service under this rule must be made on the party and limited
				participant her/himself.
ii.
Service in General.
A
				document is served under this rule by:
1.
				handing it to the person;
2.
				leaving it at the person's office with a clerk or other person in charge or, if
				no one is in charge, in a conspicuous place in the office; or if the person has
				no office or the office is closed, at the person's dwelling or usual place of
				abode with someone of suitable age and discretion who resides there;
3. mailing it to the person's last known
				address, in which event service is complete upon mailing;
4. leaving it with the Department's clerk if
				the person has no known address;
5.
				sending it by electronic means in which event service is complete upon
				transmission, but is not effective if the serving party learns that it did not
				reach the person to be served; or
6. delivering it by any other means that the
				person consented to in writing, in which event service is complete when the
				person making service delivers it to the agent designated to make
				delivery.
iii.
Using the Department Facilities.
Parties or limited participants
				who lack access to technology capable of making electronic service may request
				that the Department permit the use of the Department's electronic-transmission
				facilities to make service.