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-.27 - Scheduling, Location, and Notice of Hearing
Current through Rules and Regulations filed through September 23, 2024
1. Unless the Department provides otherwise, the Adjudicator is responsible for scheduling the hearing with due regard for the convenience and expense to the parties, their representatives, and witnesses, and the availability of suitable hearing facilities and other relevant factors. The Adjudicator must provide written notice to all parties of the time, place, and date for the hearing, the legal authority under which the hearing is to be held, and the matters at issue, at least 10 days before the date set for hearing. The hearing must be open to the public, unless the Adjudicator orders otherwise.
2. A request for a change in the time, place, or date of the hearing may be entertained by the Adjudicator. A hearing may be postponed by the Adjudicator for good cause, upon motion of a party or upon her/his own authority. A motion to postpone a hearing must be received at least 5 days prior to the date set for hearing. A motion for postponement received less than 5 days prior to the scheduled hearing will generally be denied unless good cause is shown for late filing.
3. At any time after commencement of an adjudication, any party may move to expedite the scheduling of a proceeding consistent with an agency's expedited hearing procedures. A party moving to expedite a proceeding must:
4. Following timely receipt of the motion and any responses, the Adjudicator may expedite pleading or filing schedules, prehearing conferences, and the hearing, as appropriate.
5. If the Commissioner or the Adjudicator finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect, notice shall be given and an emergency hearing will be held.
O.C.G.A. §§ 33-2-9, 33-2-18, 33-2-19, et seq.