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-.09 - Ex Parte Communications

1. Except as required for the disposition of ex parte matters authorized by law, the Adjudicator may not consult a person or party on any matter relevant to the merits of the adjudication, unless on notice and opportunity for all parties to participate. This provision does not, however, preclude the Adjudicator from consulting with adjudicatory employees such as law clerks.

2. Except as required for the disposition of ex parte matters authorized by law,

3. The Adjudicator, or agency personnel who is or may reasonably be expected to be involved in the decisional process who receives, makes, or knowingly causes to be made a communication prohibited by this rule must place in the public administrative record:

4. Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this rule, the Commissioner or the Adjudicator may, to the extent consistent with the interests of justice, the policy of underlying statutes, and the Department's rules and precedents, require the party to show cause why its claim or interest in the adjudication should not be dismissed, denied, disregarded, or otherwise adversely affected by reason of such violation.

5. The prohibitions of this rule apply beginning on the date the Department became aware of the issue for adjudication but in no case do they begin to apply later than when an adjudication is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions apply upon her/his acquisition of such knowledge.