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-.14 - Service and Filing of Documents

Universal Citation: GA Rules and Regs r 120-2-2-.14

Current through Rules and Regulations filed through September 23, 2024

1. Service. All documents in the adjudication must be served as set forth below.

a. Service by the Department. The Department or the Adjudicator must serve one copy of all subpoenas, orders, notices, decisions, rulings on motions, and similar documents issued by the Department or the Adjudicator upon each party and limited participant in accordance with Rule 120-2-2-.14(1)(c) below. Every document served by the Department or the Adjudicator must be accompanied by a certificate of service that provides the information in the form described in Rule 120-2-2-.14(3)(b) below.

b. Service by Party or Limited Participant.

i. In General. Unless these rules provide otherwise or the Adjudicator orders otherwise, each of the following papers must be served on every party and limited participant:

1. a document filed after the document initiating the adjudication under Rule 120-2-2-.20 (Initiation of Adjudication);

2. a written motion, except one that may be heard ex parte;

3. a written notice or appearance or any similar document; and

4. any other document permitted to be filed by the Department rules or by the Adjudicator.

ii. If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a document that asserts a new claim against such a party must be served on that party.

c. Service: How Made.

i. Service on Whom.

1. If a party or limited participant is represented by an attorney or authorized representative, service under this rule must be made on the attorney or authorized representative unless the Adjudicator orders service on the party or limited participant.

2. If a party or a limited participant is not represented, service under this rule must be made on the party and limited participant her/himself.

ii. Service in General. A document is served under this rule by:

1. handing it to the person;

2. leaving it at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

3. mailing it to the person's last known address, in which event service is complete upon mailing;

4. leaving it with the Department's clerk if the person has no known address;

5. sending it by electronic means in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

6. delivering it by any other means that the person consented to in writing, in which event service is complete when the person making service delivers it to the agent designated to make delivery.

iii. Using the Department Facilities. Parties or limited participants who lack access to technology capable of making electronic service may request that the Department permit the use of the Department's electronic-transmission facilities to make service.

2. Filing.

a. Required Filings; Certificate of Service. Any document after the document initiating the adjudication that is required to be served-together with a certificate of service-must be filed within a reasonable time after service.

b. How Filing Is Made-In General. A document is filed by delivering it to:

i. the appropriate office designated by the Department; or

ii. an adjudicator who agrees to accept it for filing, and who must then note the filing date on the document and promptly send it to the Department.

c. Electronic Filing, Signing, or Verification. Documents may be filed, signed, or verified by electronic means, so long as the electronic means comply with any applicable Department rule.

d. Acceptance by the Department. The appropriate office designated by the Department must not refuse to file a document solely because it is not in the form prescribed by these rules or by a Department practice.

3. Certificate of Service.

a. Every document filed with the Department or the Adjudicator and required to be served upon all parties and limited participants must be accompanied by a certificate of service signed by (or on behalf of) the party making the service that provides the information in the form described in Rule 120-2-2-.14(3)(b) below.

b. Certificates of service should be in substantially the following form:

"I hereby certify that I have this day served the foregoing document(s) upon the following parties and limited participants in this adjudication at the address indicated by [specify the method]:

(a) [name/address]

(b) [name/address]

Date: [Month, Day, Year]

Signature ____________________________

For ____________________________

Capacity ___________________________"

O.C.G.A. §§ 33-2-9, 33-2-17, 33-2-19, 33-2-21et seq.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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