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 March 20, 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.
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