O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-9-28 (2019)

Conduct of hearing by Commissioner upon failure to correct noncompliance; notice of hearing; matters considered at hearing

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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If the Commissioner has good cause to believe the noncompliance to be willful, or if within the period prescribed by the Commissioner in the notice required by Code Section 33-9-27 the insurer, organization, group, or association does not make the changes necessary to correct the noncompliance specified by the Commissioner or establish to the satisfaction of the Commissioner that the specified noncompliance does not exist, then the Commissioner may hold a public hearing in connection with the noncompliance, provided that within a reasonable period of time, which shall be not less than ten days before the date of the hearing, he shall mail written notice specifying the matters to be considered at the hearing to the insurer, organization, group, or association. If no notice has been given as provided in Code Section 33-9-27, the notice provided for in this Code section shall state to the extent practicable in what manner such noncompliance is alleged to exist. The hearing shall not include any additional subjects not specified in the notices required by Code Section 33-9-27 or this Code section.

History

Code 1933, § 56-529, enacted by Ga. L. 1967, p. 684, § 1; Ga. L. 1982, p. 3, § 33.

Annotations

Cross references. - Suspension of action pending hearing or decision on holding hearing, § 33-2-17(d).

JUDICIAL DECISIONS Commissioner may not suspend approved rate without notice or hearing. - Commissioner’s ex parte order purporting to suspend rate filings which had previously been approved by the Commissioner, without notice or hearing provided for by statute, was issued without lawful authority and void. Cravey v.

Southeastern Underwriter’s Ass’n, 214 Ga. 450, 105 S.E.2d 497 (1958) (decided under former Code 1933, Chs. 56-20 and 56-21); Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958). Cited in 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.