O.C.G.A.
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.
(a) Within 30 days after termination of the hearing or of any rehearing or reargument, the Commissioner shall make his order thereon covering matters involved in the hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of the hearing. (b) The order shall contain a concise statement of the facts as found by the Commissioner, a concise statement of his conclusions therefrom, and the effective date of the order. (c) The order may affirm, modify, or nullify action theretofore taken or may constitute the taking of new action within the scope of the notice of hearing.
History
Code 1933, § 56-224, enacted by Ga. L. 1960, p. 289, § 1.
Annotations
JUDICIAL DECISIONS Thirty-day provision not mandatory. - Provision that the commissioner ‘‘shall’’ issue an order within 30 days after the hearing was not mandatory, but was directory, in the absence of injury to the defendant and in the absence of a penalty for failure to comply with O.C.G.A.
§ 33-2-23. Commissioner of Ins. v. Stryker, 218 Ga. App. 716, 463 S.E.2d 163 (1995). Cited in Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972); Caldwell v. Insurance Co. of N. Am., 235 Ga. 141, 218 S.E.2d 754 (1975).
RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, § 20.
C.J.S. - 44 C.J.S., Insurance, § 63 et seq.
Notes of Decisions
Comm'r of Ins. v. Stryker, 463 S.E.2d 163 (Ga. Ct. App. 1995).
· cites it 4× “Stryker claims that the superior court erred in holding that the Commissioner was authorized to enter an order revoking his license more than 30 days after the hearing, when OCGA § 33-2-23 (a) requires it be done in 30 days.”
Thebaut v. Georgia Bd. of Dentistry, 509 S.E.2d 125 (Ga. Ct. App. 1998).
· cites it 4× “Stryker 6 followed this same rationale to hold that OCGA § 33-2-23 (a), requiring the insurance commissioner to issue an order within 30 days after the hearing, was only directory and did not invalidate a late order.”
Blue Cross & Blue Shield of Georgia, Inc. v. Deal, 536 S.E.2d 590 (Ga. Ct. App. 2000).
· cites it 2× “An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner…”
— 33-2-23(a) — 1 case
Thebaut v. Georgia Bd. of Dentistry, 509 S.E.2d 125 (Ga. Ct. App. 1998).
“Stryker 6 followed this same rationale to hold that OCGA § 33-2-23 (a), requiring the insurance commissioner to issue an order within 30 days after the hearing, was only directory and did not invalidate a late order.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.