reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-2 - RULES FOR CERTIFICATION AND TRAINING › Rule 112-2-.04 - Annual Training

Current through Rules and Regulations filed through June 27, 2024
(1) For each calendar year following the year of Initial certification, each certified coroner and deputy coroner shall complete 24 hours of additional training in approved courses in order to maintain such certification. It is the responsibility of the coroner or deputy coroner to submit evidence of completion of the required hours of additional annual training to the Council no later than December 31 of the year that the training was required. Approved annual training shall only be attended and credit provided once during the calendar year beginning each January 1 and ending December 31.
(2) Any coroner or deputy coroner who fails to obtain the required annual training or a waiver of the required training shall not continue to serve as coroner or deputy coroner and shall subject his/her certification to withdrawal pursuant to the procedure set forth in Chapter 112-4.
(3) A coroner or deputy coroner may have the requirement of annual training waived by the Council for personal illness or other providential cause. Such coroner or deputy coroner shall request such waiver from the Council in writing no later than December 31 of the year the training was required. If the request concerns personal illness, such request must be accompanied by a certification from a duly licensed physician. Such request shall be considered by the Council at its next scheduled meeting and the Council shall notify the coroner or deputy coroner of its decision within five (5) working days following the Council meeting. For purposes of this paragraph,"personal illness" means an illness lasting greater than six (6) months, and "providential cause" means an act of God or nature. The Council may waive the annual training requirement entirely or may require such training hours to be obtained in the following year along with the annual training hours required for such year.
(4) Anyone attending a coroner's basic or in-service course, other than a coroner, coroner-elect/appointed or deputy coroner, must have written permission from the coroner of the county of residence.
(5) Annual training attended by each coroner and deputy coroner shall be sponsored by the Georgia Coroner's Training Council at least three years out of each four year term. A request may be made for alternative training not sponsored by the Georgia Coroner's Training Council only one year out of each four year term. Alternative training shall be approved 45 days in advance of the attendance date by the Georgia Coroner's Training Council. Prior to approval a syllabus shall be forwarded to the Council for review.
O.C.G.A Secs. 45-16-6, 45-16-65, 45-16-66.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-2 - RULES FOR CERTIFICATION AND TRAINING › Rule 112-2-.05 - Schools; Courses; Curriculum; Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) The Council shall formulate and promulgate a program of instruction for coroners and deputy coroners it deems necessary, which shall be designated as the Basic Course. The Basic Course shall be of such duration as the Council may provide and shall be scheduled at least twice a year.
(2) A Basic Course shall employ performance oriented instructional methods that provide opportunities for each coroner and deputy coroner to demonstrate successful achievement of established performance objectives.
(3) Course evaluation questionnaire shall be designed to reflect performance objectives.
(4) The Council shall regularly conduct an on-site observation of Basic Course training operations at each certified school. An on-site observation shall include, but not be limited to:
(a) observation of instruction conducted.
(b) a comparison of performance objectives with actual instructional content.
(c) a comparison of lesson plan content with actual instructional content.
(d) an administrative inspection to insure compliance with all adopted regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-3 - ADOPTION OF RULES › Rule 112-3-.01 - Petition

Current through Rules and Regulations filed through June 27, 2024
(1) Any interested person may petition the Council requesting the promulgation of a rule or the amendment or repeal of a rule already in force, as contemplated in the Georgia Administrative Procedure Act.
(a)
Form of Petition.
Each such petition shall be filed with the Council in writing and shall set forth:
1. The name and post office address of petitioner.
2. The full text of the Rule requested to be amended or repealed, or the full text of the rule desired to be promulgated.
3. A paragraphed statement of the reasons such Rule should be amended, repealed, or promulgated, including statements of all pertinent and existing facts as to the petitioner's interest in the matter.
4. Citations of legal authority if any which authorize, support, or require the action requested by the petitioner. The petition shall be verified under oath by, or in proper behalf of the petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-4 - HEARINGS › Rule 112-4-.01 - Suspension or Withdrawal of Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) The Council shall have authority to suspend or withdraw a certified coroner or certified deputy coroner under this rule pursuant to O.C.G.A. 45-16-65 upon a determination by the Council that the certified coroner or certified deputy coroner has:
(a) Failed to obtain the required amount of annual training hours as provided in the Rules and Regulations of the Council. It shall be incumbent upon the certified coroner or certified deputy coroner to demonstrate to the satisfaction of the Council that he meets all annual training requirements.
(b) Committed a crime involving moral turpitude. The conviction of a crime involving moral turpitude shall be conclusive of the commission of such crime.
(c) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States.
(d) Been convicted of any criminal offense under the laws of this state, the United States, or any other state involving the manufacture, distribution, trafficking, sale or possession of a controlled substance or marijuana.
(e) Become unable to perform as a coroner or deputy coroner with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. As used in this paragraph, the term "conviction of a felony" shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law without regard to its designation elsewhere. As used in this paragraph, the term "conviction" shall include a finding or a verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-4 - HEARINGS › Rule 112-4-.02 - Hearings

Current through Rules and Regulations filed through June 27, 2024
(1) The Council or hearing officer designated by the Council may deny or dismiss a request for a hearing for the following reasons:
(a) It has been withdrawn by the affected party;
(b) If the affected party or his representative fails to appear at a pre-hearing conference scheduled for such affected officer;
(c) If the affected party or his representative fails to appear at a hearing scheduled for such affected officer.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-4 - HEARINGS › Rule 112-4-.06 - Injunctions

Current through Rules and Regulations filed through June 27, 2024
By holding a hearing, the Council does not waive its right to seek injunctive relief as provided in O.C.G.A. 45-16-67.
O.C.G.A. Sec. 45-16-67.
Compilation of Rules and Regulations of the State of Georgia › Department 112 - GEORGIA CORONER'S TRAINING COUNCIL › Chapter 112-4 - HEARINGS › Rule 112-4-.07 - Recertification Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Any coroner or deputy coroner, whose certification has been withdrawn or suspended, may petition the Council annually for recertification. The written petition to the Council must contain the following information:
(a) Name, Social Security number, present address and telephone number of the petitioner.
(b) The reason(s) why the certification was withdrawn.
(c) A statement clearly outlining why the petitioner feels that a recertification is justified.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-1 - ORGANIZATION › Rule 115-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Claims Advisory Board is composed of the Secretary of State, who is the chairman, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Transportation, and the Commissioner of the Department of Corrections. Whenever the Board takes any official action, three of the members shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action. In the event the Chairman is absent or otherwise unable to attend and preside at a meeting of the Board, the member of the Board whose length of service exceeds that of the other members present shall preside over that meeting.
O.C.G.A. Sec. 28-5-60.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-1 - ORGANIZATION › Rule 115-1-.02 - Administration

Current through Rules and Regulations filed through June 27, 2024
The Claims Advisory Board, hereinafter "the Board," is assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3. The public may make submissions and requests to the Board by directing such inquiries to the Board, in care of the Board secretary, 2 M.L.K., Jr. Drive, Ste. 820, West Tower, Atlanta, GA 30334, in accordance with the procedures outlined in these rules.
O.C.G.A. Secs. 28-5-60, 28-5-81.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.01 - Applicability

Current through Rules and Regulations filed through June 27, 2024
The rules and regulations contained in this Chapter shall be applicable to claims of over $5,000.00 which are otherwise eligible for consideration by the Board under O.C.G.A., Art. 4, Ch. 5, T. 28, as amended.
O.C.G.A. Secs. 28-5-100, 28-5-81.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.02 - Consideration of Claims by Board

Current through Rules and Regulations filed through June 27, 2024
In order for an otherwise eligible claim under this Chapter to be processed by the Board, the following materials must be filed with this Board:
(a) A Notice of Claim, on forms provided by the Board, which may be filed on behalf of the claimant by the member of the House of Representatives who intends to introduce a compensation resolution with respect to such claim; or
(b) a Notice of Possibility of Claim, on forms provided by the Board, which is to be filed by the state department or agency against which a claim is directed; and
(c) all supporting documentation requested by the Board.
O.C.G.A. Sec. 28-5-80.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.03 - Notice of Claim Over $5,000.00; Filing

Current through Rules and Regulations filed through June 27, 2024
(1) Any member of the House of Representatives may file on behalf of a claimant a Notice of Claim form, which shall be provided by the Board. Each Notice of Claim shall include a sworn description of the incident signed by the claimant.
(2) A Notice of Claim under this Chapter shall be filed:
(a) On or before the 15th day of November immediately preceding the introduction of a compensation resolution in the House of Representatives, if the event giving rise to the claim against the state occurred on or before the 5th day of November;
(b) within 10 days after the occurrence of the event giving rise to the claim, if the event giving rise to the claim against the state occurred subsequent to the 5th day of November immediately preceding the introduction of the compensation resolution.
(c) within two years after the date of event giving rise to the claim.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.04 - Acknowledgement of Receipt of Notice of Claim

Current through Rules and Regulations filed through June 27, 2024
The Board shall acknowledge receipt of the Notice of Claim to the claimant and the representative and shall send each a list of required supporting documents.
O.C.G.A. Sec. 28-5-80.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.05 - Supporting Documentation

Current through Rules and Regulations filed through June 27, 2024
The Board shall not take action on a claim until all supporting documents requested by the Board have been received and filed with the Board. The following supporting documents, where applicable, shall be filed by the claimant or on his/her behalf:
(a) copy of accident/incident report signed by investigating officers-State Patrol, County Police, City Police, Campus Police, Security Officer, etc.;
(b) claimant's affidavit concerning receipt of compensation from insurers or third parties on form provided by Board;
(c) if any insurance has been paid or is payable, a waiver of claim form executed by the insurer;
(d) receipted itemized repair bill, or two estimates of repair;
(e) physician's statement as to nature, cause and extent of injury or illness;
(f) sworn itemized list of all medical bills (physicians, hospital, drugs, etc.), with bills or copies of bills attached;
(g) sworn affidavit as to the value of property on which total loss is alleged;
(h) if property is a total loss and has been sold for salvage or will be sold for salvage, a sworn affidavit from dealer indicating the salvage value of the property or evidence showing the exact amount received for salvage;
(i) such other supporting evidence claimant may wish to provide, in affidavit form;
(j) such other supporting data or documentation as the Board may request in writing for proper evaluation of a particular claim.
O.C.G.A. Sec. 28-5-80.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.06 - Filing of Notice of Possibility of Claim by Department or Agency

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be the duty of each state department and agency to file with the Claims Advisory Board a Notice of Possibility of Claim covering any occurrence which would be the subject of a Notice of Claim as provided in Code Section 28-5-80. Such Notice of Possibility of Claim shall be filed on forms provided by the Board and furnished to each state department and agency upon request.
(2) It shall be the duty of each state department and agency to file a Notice of Possibility of Claim within 30 days after the date of any such occurrence.
(3) If filed within the same time limitations relative to the filing of Notices of Claims over $5,000.00, as provided in Code Section 28-5-80 and Code Section 28-5-86, a Notice of Possibility of Claim shall be sufficient for action to be taken thereon; and the fact that no Notice of Claim has been filed within the time provided shall not prevent the introduction of a resolution and action thereon. In such an event, provided that the claimant has secured a member of the House of Representatives to sponsor a resolution on his/her behalf and the Board receives notice of such sponsorship, the Board shall forward a list of required supporting documents to the claimant and to such Representative, or to the office of legislative counsel, at the request of such Representative.
O.C.G.A. Sec. 28-5-81.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.07 - Compliance With Time Limitations and Filing of Supporting Documents Required Prior to Consideration

Current through Rules and Regulations filed through June 27, 2024
The Board is prohibited from considering any resolution for compensation unless a Notice of Claim or Notice of Possibility of Claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced and the information required by the Board is filed within the time limitations specified in Code Section 28-5-80.
O.C.G.A. Sec. 28-5-84.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.08 - Claimant's Responsibility for Drafting and Introduction of Compensation Resolution

Current through Rules and Regulations filed through June 27, 2024
It shall be the responsibility of the claimant under this Chapter to contact a member of the House of Representatives and request that such Representative cause to be drafted and sponsor a resolution for compensation on behalf of the claimant. The Board may not make a recommendation on any claim under this Chapter unless a compensation resolution has been introduced in the House of Representatives on behalf of the claimant.
O.C.G.A. Sec. 28-5-84.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.09 - Meetings

Current through Rules and Regulations filed through June 27, 2024
(1) Upon receipt of a certified copy of the compensation resolution from the Clerk of the House of Representatives, and provided that all supporting documentation has been submitted, the resolution and claim shall be placed on the agenda for review at the next scheduled meeting of the Board.
(2) Notice of such meeting shall be sent to the members of the Board, the state Representative who is sponsoring the resolution, the representative of the department against which the claim has been made, the claimant (if the claimant has requested notification) and the attorney for the claimant (if the claimant is represented by counsel).
(3) Neither the claimant, the claimant's attorney, the state Representative who introduced the resolution on the claimant's behalf or the representative of the department against which the claim has been made shall be required to appear before the Board, but they shall be allowed to appear before the Board relative to the claim, if they so desire. Such appearance shall be deemed to be a hearing for purposes of O.C.G.A., Section 28-5-82, but shall not be governed by the provisions of the Georgia Administrative Procedure Act applicable to contested cases. Persons in the custody of the State can appear in person only at the discretion of the Board.
O.C.G.A. Sec. 28-5-82.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.10 - Recommendation of Board

Current through Rules and Regulations filed through June 27, 2024
(1) After investigation of the claim by the Board and consideration there of at a regularly scheduled meeting or hearing, the Board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment thereof, and such other information as the Board deems advisable. Such statement shall be immediately transmitted to the chairman of the House Appropriations Committee, who shall present the same to the full committee.
(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will recommend payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of the claimant's duties and not used merely for convenience or esthetic value.
(3) The Board, in its discretion, will not recommend payment of any part of any claim which arises as a result of:
(a) The commission of an illegal act by the claimant; or
The violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:
1. rules relating to the prevention of violence or abuse or threats of violence or abuse against another person;
2. rules pertaining to safety, security and orderly operation;
3. rules relating to possession, manufacture or introduction of contraband;
4. rules relating to possession or acquisition of property by fraud or deception.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-2 - CLAIMS OF OVER $5000.00 › Rule 115-2-.11 - Claims Paid or Payable by Insurance

Current through Rules and Regulations filed through June 27, 2024
The Board shall make no recommendation for payment of any part of any claim under this Chapter which is paid or payable by insurance, nor shall the Board recommend payment on any compensation resolution introduced on behalf of the insurer of the aggrieved party.
O.C.G.A Sec. 28-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.01 - Board Authorized to Direct Payment by Department or Agency

Current through Rules and Regulations filed through June 27, 2024
(1) When the total amount of a claim against the state is $5,000.00 or less, and the incident giving rise to such claim occurred on or subsequent to July 1, 2000, the Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $5,000.00, as may be authorized by the Board pursuant to its statutory authority.
(2) The rules and regulations in this Chapter shall also apply to any claim against the state in the amount of $5,000.00 or less if the date of the occurrence giving rise to such claim was prior to July 1, 2000.
O.C.G.A. Secs. 28-5-81, 28-5-85; H.B. No. 999, Act. No. 921.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.02 - Notice of Claim of $5,000.00 or Less

Current through Rules and Regulations filed through June 27, 2024
(1) If a citizen has a claim against the state subject to the provisions of this Chapter, such person may file such claim with the Board by filing a Notice of Claim on forms provided by the Board. No claim shall be considered by the Board unless such Notice of Claim has been filed. Each Notice of Claim shall include a sworn description of the incident signed by the claimant.
(2) No claim under this part shall be considered by the Board unless Notice of Claim has been filed with the Board within two years after the date of the event giving rise to the claim.
(3) A claimant who filed a Notice of Claim under the procedures applicable to such claim prior to July 1, 2000, and the amount of the claim is less than $5,000.00 but more than $500.00, the claimant shall have the option of seeking a compensation resolution from the General Assembly. All claims pending on the effective date of O.C.G.A. §
								28-5-85, or thereafter if such claim is based on an occurrence which took place before July 1, 2000, for $500.00 or less, shall be settled exclusively through the Claims Advisory Board.
O.C.G.A. Secs. 28-5-81, 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.03 - Acknowledgment of Receipt of Notice of Claim

Current through Rules and Regulations filed through June 27, 2024
The Board shall acknowledge receipt of the Notice of Claim to the claimant and shall send the claimant a list of required supporting documents.
O.C.G.A., Sec. 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.04 - Supporting Documents Required

Current through Rules and Regulations filed through June 27, 2024
The Board shall not take action on a claim made under this Chapter until all supporting documents requested by the Board have been received and filed with the Board. The following supporting documents, where applicable, shall be filed by the claimant or on his/her behalf:
(a) Copy of accident/incident report signed by investigating officers-State Patrol, County Police, City Police, Campus Police, Security Officer, etc., if applicable;
(b) claimant's affidavit concerning receipt of compensation from insurers or third parties on form provided by Board;
(c) if any insurance has been paid or is payable, a waiver of claim form executed by the insurer;
(d) receipted itemized repair bill, or two estimates of repair;
(e) physician's statement as to nature, cause and extent of injury or illness;
(f) sworn itemized list of all medical bills (physicians, hospital, drugs, etc.) with bills or copies of bills attached;
(g) sworn affidavit as to the value of property on which total loss is alleged;
(h) if property is a total loss and has been sold for salvage or will be sold for salvage, a sworn affidavit from dealer indicating the salvage value of the property or evidence showing the exact amount received for salvage;
(i) claimant's "Settlement Agreement, Covenant Not to Sue and Release", on form provided by Board:
(j) such other supporting evidence claimant may wish to provide, in affidavit form;
(k) such other supporting data or documentation as the Board may request in writing for proper evaluation of a particular claim.
O.C.G.A. Sec. 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.05 - Notification of Department or Agency

Current through Rules and Regulations filed through June 27, 2024
(1) When a claim under this Chapter is filed with the Board, the Board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim.
(2) Within 45 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Board on forms provided by the Board, setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Board relative to the payment of such claim, but such recommendation shall not be binding upon the Board.
O.C.G.A. Secs. 28-5-81, 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.06 - Meetings

Current through Rules and Regulations filed through June 27, 2024
(1) The Board shall meet as often as necessary to adequately perform its functions under this Chapter, and no less than four times per calendar year.
(2) Claimants shall be given reasonable notice of the time and place of the meeting at which his/her claim is to be considered.
(3) The department or agency against which the claim is directed shall be given reasonable notice of the time and place of the meeting at which the claim is to be considered.
(4) No claim shall be placed on the agenda for review by the Board unless all supporting documents requested by the Board have been on file for at least 14 days prior to the scheduled meeting date. The Board Chairman shall have the authority to waive this requirement for good cause shown by the claimant.
(5) Proceedings before the Board shall be informal in nature, and shall not be subject to the provisions of the Georgia Administrative Procedure Act governing contested cases. Neither the claimant (with or without counsel) nor the agency representative shall be required to appear at the Board meeting, but may request in writing to be placed on the agenda for 15 minutes each, absent a showing that further time is necessary for proper presentation of the facts surrounding the claim which determination shall be made by the chairman. Persons in the custody of the State can appear in person only at the discretion of the Board.
O.C.G.A. Sec. 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.07 - Decision of Board

Current through Rules and Regulations filed through June 27, 2024
(1) After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Board shall make a determination either to pay or reject such claim against the state.
(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will authorize payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of claimant's duties and not used merely for convenience or esthetic value.
(3) The Board, in its discretion, will not authorize payment of any part of any claim which arises as a result of:
(a) the commission of an illegal act by the claimant; or
(b) the violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:
1. rules pertaining to the prevention of violence or abuse or threats of violence or abuse against another person;
2. rules pertaining to safety, security and orderly operation;
3. rules relating to possession, manufacture or introduction of contraband;
4. rules relating to possession or acquisition of property by fraud or deception.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.08 - Claims Paid or Payable by Insurance

Current through Rules and Regulations filed through June 27, 2024
The Board shall not authorize or direct the payment of any part of any claim under this Chapter which is paid or payable by insurance, nor shall the Board authorize or direct payment to any insurer of the aggrieved party.
O.C.G.A Sec. 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-3 - CLAIMS OF $5000.00 OR LESS › Rule 115-3-.09 - Payment of Claim in Full and Complete Settlement

Current through Rules and Regulations filed through June 27, 2024
Any payment made to a claimant under this Chapter shall be in full and complete settlement of any claim against the state arising from said occurrence, and each claimant, as a condition precedent to receiving payment, shall execute a "Settlement Agreement, Covenant Not to Sue and Release" form provided by the Board.
O.C.G.A Sec. 28-5-85.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-4 - COMPENSATION OF PERSONS FOR INJURIES SUSTAINED WHILE PREVENTING CRIME OR AIDING OFFICER OF THE LAW › Rule 115-4-.01 - Consideration of Claims by Board

Current through Rules and Regulations filed through June 27, 2024
(1) The Board shall have authority to consider and make recommendations to the General Assembly concerning payment of Compensation to innocent persons who sustain injury or property damage, or both, and to dependent heirs of innocent persons killed in attempting to prevent the commission of crime against the person of another or in aiding or attempting to aid officers of the law upon their request.
(2) In its discretion, the Board may appoint a special master to take testimony in connection with such claim, supervise or conduct necessary investigations, and report to the Board; but ultimate recommendation on any claim shall be made only by the Board.
O.C.G.A., Sec. 28-5-100.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-4 - COMPENSATION OF PERSONS FOR INJURIES SUSTAINED WHILE PREVENTING CRIME OR AIDING OFFICER OF THE LAW › Rule 115-4-.02 - Processing of Claims; Notice of Claim; Supporting Documentation

Current through Rules and Regulations filed through June 27, 2024
(1) Claims under this Chapter shall, where applicable, be processed by the Board in the same manner as other claims subject to compensation by resolution, except as outlined herein.
(2) A Notice of Claim under this Chapter shall be filed within 18 months after the date of the personal injury or death for which compensation is authorized under this Chapter.
(3) The incident or offense for which compensation is sought under this Chapter must have been reported to an officer of the law within five (5) days of its occurrence, or if the incident or offense could not reasonably have been reported within such period, within five (5) days of the time when a report could reasonably have been made.
(4) Any such claimant under this Chapter shall, prior to introduction of a resolution for compensation, submit in addition to any other documents required by the Board, reports from all physicians and surgeons who have treated or examined the victim and from hospitals that have admitted the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If, in the opinion of the Board, reports on the previous medical history of the victim, examination of the injured victim and a report thereon, or report on the cause of death of the victim by an impartial medical expert would be of material aid in making its recommendation, the Board shall call for the claimant to produce such reports and submit to such examination.
O.C.G.A., Sec. 28-5-102.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-4 - COMPENSATION OF PERSONS FOR INJURIES SUSTAINED WHILE PREVENTING CRIME OR AIDING OFFICER OF THE LAW › Rule 115-4-.03 - Recommendation of Board

Current through Rules and Regulations filed through June 27, 2024
(1) In making its recommendation relative to the claims reviewed under this Chapter, the Board shall take into consideration, insofar as practicable, the rates and amounts of compensation payable for injuries or property damage and death under other laws of this state and of the United States.
(2) The Board may recommend to the General Assembly payment of compensation:
(a) To or for the benefit of the injured person;
(b) in the case of personal injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury;
(c) in the case of death of the victim, to or for the benefit of any one or more of the heirs at law of the victim, who at the time of the victim's demise were dependent upon him for over half of their support; or
(d) to or for the benefit of the owner of the damaged property.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-4 - COMPENSATION OF PERSONS FOR INJURIES SUSTAINED WHILE PREVENTING CRIME OR AIDING OFFICER OF THE LAW › Rule 115-4-.04 - Report to General Assembly

Current through Rules and Regulations filed through June 27, 2024
The Board shall prepare and transmit to the General Assembly, along with its recommendation on each claim under this Chapter, a report of its activities in connection therewith, including the name of the claimant, a brief description of the facts surrounding the claim, the amount of compensation recommended, and the Board's reasons therefor.
O.C.G.A., Sec. 28-5-107.
Compilation of Rules and Regulations of the State of Georgia › Department 115 - CLAIMS ADVISORY BOARD › Chapter 115-5 - STATEMENT ATTACHED TO CHECKS ISSUED FOR PAYMENT OF CLAIMS › Rule 115-5-.01 - Statement Attached to All Checks Issued in Payment of Claims

Current through Rules and Regulations filed through June 27, 2024
The check issued to any person, firm, association, or corporation as payment for any claim pursuant to these rules shall have attached thereto the following statement:
"It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any state official or employee to receive any fee, money, gift, or any other thing of value, other than the regular compensation and allowance he receives from state funds, in connection with any claim presented to the Claims Advisory Board."
O. C. G. A., Sec. 28-5-63.
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 120-2-1 - ORGANIZATION › Rule 120-2-1-.01 - The Commissioner of Insurance

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Insurance of the State of Georgia is
				  charged with the administration and enforcement of the Georgia Insurance Code.
				  The Commissioner's duties, powers, and authority are those enumerated in the
				  Georgia Insurance Code, codified as Title 33 of the Official Code of Georgia
				  Annotated, and related statutes. In the proper exercise of his duties, powers
				  and authority, he has deemed it in the interest of the citizens of the State of
				  Georgia to establish the following division of his office: Insurance Division,
				  Industrial Loan Division, Safety Fire Division, and Administrative Division.
				  The organization of the Office of Commissioner of Insurance and of the
				  Insurance Divisions are depicted in Appendix A to this Rule. The Insurance
				  Division shall consist of the Agents Licensing Section, Consumer Services
				  Section, Regulatory Services Section, Life and Accident and Sickness Section,
				  Property and Casualty Section, and Examinations Section. The division shall be
				  headed by a director. Each section shall be under the supervision and direction
				  of an assistant director.
Ga. Laws 1960, pp. 289
				  and 306, as amended; O.C.G.A. Sec.
				  33-2-9.
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 120-2-1 - ORGANIZATION › Rule 120-2-1-.05 - Life and Accident and Sickness Section

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner is charged by O.C.G.A.
				Section 33-24-9 with the responsibility of
				disapproving policy forms filed under such Code section or withdrawing any
				approval previously granted by him if he finds that such policies do not meet
				the requirements of O.C.G.A. Section
				33-24-10. In complying with the
				provisions of O.C.G.A. Section
				33-24-9, the Commissioner has
				deemed it appropriate to establish the Life and Accident and Sickness Section
				to assure that life and accident and sickness insurance policies issued with
				this State fully comply with the provisions of O.C.G.A. Title 33.
(2) A policy form shall be disapproved or any
				previous approval withdrawn if it:
(a) Is in
				any respect in violation of or does not comply with O.C.G.A. Title
				33;
(b) Contains or incorporates by
				reference any inconsistent, ambiguous, or misleading policies, or exceptions
				and conditions which deceptively affect the risk purportedly assumed in the
				general coverage of the contract;
(c) Has any title, heading, or other
				indication of its provisions which is misleading;
(d) Is printed or otherwise reproduced in
				such manner as to render any provision of the form substantially illegible or
				not easily legible to persons of normal vision; or
(e) Contains provisions which are unfair or
				inequitable or contrary to the public policy of this State or would, because
				such provisions are unclear or deceptively worded, encourage
				misrepresentation.
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 120-2-1 - ORGANIZATION › Rule 120-2-1-.06 - Property and Casualty Section

Current through Rules and Regulations filed through June 27, 2024
(1) The primary function of the Property and
				Casualty Section is the review of all property and casualty rate filings and
				deviation filings to determine whether such filings meet the requirements of
				O.C.G.A. Chapter 33-9. The section also is responsible for administering
				applicable statutes providing for the recording and reporting of loss and
				expense experience.
(2) The section
				reviews all property and casualty policy forms and endorsements.
(3) O.C.G.A. Title 33 requires the licensing
				of all rating organizations and advisory organizations. This function is
				performed by the section and new and renewal license fees are collected by this
				section.
(4) The section is
				responsible for the administration of the 'Georgia Automobile Insurance Plan'
				adopted pursuant to the direction contained in O.C.G.A. Section
				40-9-100.
(5) The section shall license all rating
				organizations. Each applicant for licensing as a rating organization shall
				submit with its request for a license:
(a) A
				copy of its constitution, its articles of agreement or association or its
				certificate of incorporation, and of its bylaws, rules and regulations
				governing the conduct of its business;
(b) A list of its members and
				subscribers;
(c) The name and
				address of a resident of this state upon whom notices or orders of the
				Commissioner or process affecting such rating organizations may be
				served;
(d) A statement of its
				qualifications as a rating organization; and
(e) A license fee of $100.00 for a license
				good for one (1) year, with an annual renewal license at a fee of
				$50.00.
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 120-2-1 - ORGANIZATION › Rule 120-2-1-.07 - Examinations Section

Current through Rules and Regulations filed through June 27, 2024
(1) The Examinations Section is charged with
				the responsibility of conducting applicable financial, actuarial, rate, market
				conduct, and other forms of examinations of all persons or entities regulated
				by the Office of Commissioner of Insurance. The section works in conjunction
				with the Regulatory Services Section, the Property and Casualty Section, and
				the Life and Accident and Sickness Section in the performance of its
				duties.
(2) The Examinations
				Section is supervised by an assistant director who is designated as the chief
				examiner. All inquiries, requests, and submissions respecting the matters
				charged to the section should be directed to:
Examination Section
Office of Commissioner of Insurance
604 West Tower, Floyd Building
Two Martin Luther King, Jr., Drive
Atlanta, Georgia 30334
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				  here to view image
Click
				  here to view image
O.C.G.A. Sec.
				  33-2-9.
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-.02 - Construction, Modification, or Waiver of Rules

Current through Rules and Regulations filed through June 27, 2024
1. These rules apply to all hearings held
				under the authority granted to the Commissioner in O.C.G.A. §
									33-2-17.
2. These rules must be liberally construed to
				secure the fair, expeditious, and inexpensive determination of all
				adjudications.
3. These rules must
				be interpreted, to the extent permissible, to be consistent with the Georgia
				Constitution, the APA, and other applicable statutory law. To the extent that
				any rule is not consistent, applicable constitutional or statutory law
				controls.
4. Except to the extent
				that waiver or modification would otherwise be contrary to law, the Adjudicator
				may, after adequate notice to all interested persons, modify or waive any of
				these rules upon a determination that no party will be prejudiced and that the
				ends of justice will be served.
5.
				On any procedural question not addressed by specific statute, the APA, or these
				rules, the Adjudicator is guided so far as practicable by Georgia's Civil
				Practice Act, found in OCGA §
									9-11-1
et
				seq.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-17
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-.03 - Adjudicator Assignment

Current through Rules and Regulations filed through June 27, 2024
Adjudications must be presided over by an adjudicator
				  designated by the Commissioner.
O.C.G.A.
				  §§
											33-2-9,
				  33-2-17
et
				  seq.