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-.19 - Withdrawal or Dismissal
Universal Citation: GA Rules and Regs r 120-2-2-.19
Current through Rules and Regulations filed through March 20, 2024
1. Withdrawal.
a. An adjudication may be withdrawn without
an order of the Adjudicator
i. by filing a
stipulation of all parties who have appeared in the adjudication, or
ii. by filing a notice of withdrawal by the
party initiating the adjudication at any time before another party has served a
document responding to the petition or, if there is none, before the
introduction of evidence at the hearing.
b. A notice of withdrawal may not be filed by
a party who has previously withdrawn or been dismissed from an adjudication
based on (or including) the same claim.
c. Unless otherwise stated in the notice of
withdrawal or stipulation, a withdrawal is without prejudice.
d. Except as provided above, an adjudication
may not be withdrawn except by order of the Adjudicator and upon such terms and
conditions as the Adjudicator deems proper.
2. Dismissal.
a. Any party may move to dismiss the
adjudication or any request for relief sought therein for:
i. failure of another party to comply with
these rules or with any order of the Adjudicator, or
ii. failure to prosecute the
adjudication.
b. Unless
the Adjudicator specifies otherwise, a dismissal under this subsection, other
than a dismissal for lack of jurisdiction, operates as an adjudication upon the
merits.
O.C.G.A. §§ 33-2-9, 33-2-21et seq.
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