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-.17 - Motions

Universal Citation: GA Rules and Regs r 120-2-2-.17

Current through Rules and Regulations filed through March 20, 2024

1. How Made.

a. All motions must state the basis for the specific relief requested and be in writing, except as provided in Rule 120-2-2-.17(1)(b).

b. Unless the Adjudicator orders otherwise, a motion may be made orally during a conference or hearing. After providing an opportunity for response, the Adjudicator may rule on the motion immediately or may order that the motion and response be submitted in writing pursuant to Rule 120-2-2-.17(1)(a).

2. Unless the Adjudicator orders otherwise, any party may file a response in support of or in opposition to any written motion within 5 days after service of the motion. If no response is filed within the response period, the party failing to respond will be deemed to have waived any objection to the granting of the motion. The movant will have no right to reply to the response, although the Adjudicator may in her/his discretion permit a reply to be filed.

3. Except for procedural matters, the Adjudicator may not, without assent of the parties, grant a written motion prior to the expiration of the time for filing responses. Any party adversely affected by the ex parte grant of a motion for a procedural order may request reconsideration, vacation, or modification of the order within 10 days of service of the order. The Adjudicator may deny a written motion without awaiting a response or may allow oral argument (including that made by telephone).

4. The Adjudicator may summarily deny dilatory, repetitive, or frivolous motions. Unless the Adjudicator orders otherwise, the filing of a motion does not stay an adjudication.

5. All motions and responses thereto must comply with Rule 120-2-2-.14 (Service and Filing of Documents).

O.C.G.A. §§ 33-2-9, 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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