O.C.G.A.

O.C.G.A. § 33-2-16 (2019)

Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Sec.

Conduct of hearings by Commissioner generally; demands for hearings. Place of hearings; hearings to be open to public. Notice of hearings generally. Notice to show cause. Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument. Adjournment of hearings; effect of nonattendance. Issuance of order on hearing; contents. Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties. Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter. Persons entitled to appeal; procedure generally. Pleading and procedure of judicial review; powers of reviewing court generally. Scope of judicial review; disposition of action by reviewing court. Disposition of amounts collected under title generally; allowance of refunds and credits. Limitation period for issuance of notice of deficiency assessment or execution thereon; waiver of limitations. Extension of time for filing tax return or paying tax; payment of interest by taxpayer granted extension. Fees. List of written requests for assistance by citizens against insurers [Repealed].

Sec.

Insurance compliance self-evaluative privilege.

Annotations

Cross references. - Requirements pertaining to regulations, standards, and plans required to be filed by Insurance Commissioner with Secretary of State, § 50-13-21. Administrative rules and regulations. - Organization, practice and pro-

cedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General Office of Commissioner of Insurance, Chapters 120-2-1 through 120-2-2.

JUDICIAL DECISIONS Investigation does not require hearing. - The investigative powers of the Insurance Commissioner under this title are not restricted only to those instances in which a hearing is pending. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972). If hearing held, procedural requirements must be met. - In the event a hearing does take place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of this title before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).

Action involving insurance violations. - A consumer class action complaint asserting various claims against an insurance company, including claims for fraud, Georgia RICO, and breach of contract was erroneously dismissed on the basis that the Insurance Commissioner had exclusive jurisdiction and that plaintiffs were required to exhaust their administrative remedies before the Insurance Commissioner before filing an action in court. Griffeth v. Principal Mut. Ins. Co., 243 Ga. App. 618, 533 S.E.2d 126 (2000).

OPINIONS OF THE ATTORNEY GENERAL Rule-making procedures. - The Insurance Department may utilize rule-making procedures of T. 33, C. 2 in

lieu of rule-making procedures outlined in § 50-13-21. 1982 Op. Att’y Gen. No. 82-10.

Notes of Decisions

Cited in 3 cases, 1995–2011 · leading case: Ne. Georgia Cancer Care, LLC v. Blue Cross & Blue Shield of Georgia, Inc., 676 S.E.2d 428 (Ga. Ct. App. 2009).

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Ne. Georgia Cancer Care, LLC v. Blue Cross & Blue Shield of Georgia, Inc., 676 S.E.2d 428 (Ga. Ct. App. 2009). · cites it 2× “” 5 Furthermore, OCGA §§ 33-2-16 through 33-2-24 discuss the conduct of administrative hearings before the Commissioner.”

Comm'r of Ins. v. Stryker, 463 S.E.2d 163 (Ga. Ct. App. 1995). · cites it 2× “OCGA § 33-2-16 (a). In any event, Stryker stated before he took the stand that he reserved his right to invoke his privilege against self-incrimination with respect to particular questions.”

Mannato v. SunTrust Banks, Inc., 708 S.E.2d 611 (Ga. Ct. App. 2011). · cites it 2× “, OCGA §§ 33-2-16 (a), (c) (authorizing insurance commissioner to subpoena witnesses and compel production of records and other documents and superior courts to compel compliance); 48-2-53 (authorizing superior courts to compel compliance with tax commissioner’s document…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.