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-.01 - Definitions
Current through Rules and Regulations filed through September 23, 2024
The following words and terms as used in these rules shall have the meaning hereinafter ascribed to them:
1. "Adjudicator" means the Commissioner's duly appointed representative, appointed pursuant to O.C.G.A. § 33-2-6, whom he or she deems qualified by reason of training, experience and competence.
2. "Adjudication" means a trial type-proceeding that offers an opportunity for fact-finding before an adjudicator.
3. "Administrative record" includes the transcript or recording of the hearing and any transcribed or recorded conferences or oral arguments before the Adjudicator, all exhibits and stipulations filed in the adjudication, all exhibits excluded from the adjudication but preserved for purposes of administrative review, all party and limited participant filings, all written orders or decisions of the Adjudicator, any disclosure of ex parte contacts required under Rule 120-2-2-.09 (Ex Parte Communications), any written statements of settlement, and any other matters required or permitted under these rules to be included, whether with or without leave from the Adjudicator.
4. "APA" means the Georgia Administrative Procedure Act, O.C.G.A. Title 50, Chapter 13.
5. "Commissioner" means the Insurance Commissioner of the State of Georgia.
6. "Contested Case" means a proceeding, including but not restricted to rate making, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.
7. "Department" means the Department of Insurance of the State of Georgia.
8. "Docketed Party" is a named person required by law to participate in an adjudication.
9. "Intervenor" is a person either entitled by law or permitted by the Department to participate with full or limited rights as a party, despite not being a Docketed Party to an adjudication.
10. "License" means and includes the whole or part of any Department permit, certificate, approval registration or similar form of permission with reference to any activity of continuing nature as provided for by the Georgia Insurance Code.
11. "Limited participant" is a person, who is not a party, permitted by agency discretion to participate in an adjudication.
12. "Motion" means a request made to the Adjudicator or to the Department, as may be appropriate.
13. "Notice of Hearing" means a written statement of the substance of a specific charge alleging violation of any rule or statute to be considered at a hearing to the person or party affected or of the substance of a proposed rule to be considered which will afford actual notice to all interested persons. Such notice shall be served in accordance with Rule 120-2-2-.14(1)(c)(ii) that follows. Provided, however, that when the Commissioner certifies for the record that an emergency exists requiring the holding of a hearing upon notice less than twenty (20) days, a hearing may be held with less than twenty (20) days' notice but not less than 10 days' notice.
14. "Party" is a Docketed Party, agency, or intervenor in an adjudication.
15. "Person" includes an individual, partnership, corporation, association, public or private organization, or governmental agency.
16. "Petition" A written application from a person or persons to the Department or the Commissioner asking that authority be exercised to grant relief or privileges.
17. "Record" (noun) is a document or other information that is inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.
18. "Record" (verb) means to preserve or convert proceedings, discussions, or other actions in permanent form via audio, video, stenographic, or other reasonable means.
19. "Rule" means each regulation, standard or statement of general applicability that implements, interprets or prescribes law or policy, or describes the organization, procedure or practice requirements. The term includes the amendment or repeal of a prior rule.
20. "Settlement Adjudicator" is an adjudicator other than the Adjudicator presiding over a case, whom the Commissioner appoints to facilitate settlement or other dispute resolution under Rule 120-2-2-.23 (Settlement and Alternative Dispute Resolution).
O.C.G.A. §§ 33-2-9, 33-2-17et seq.
