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-.44 - Reopening of Case
Universal Citation: GA Rules and Regs r 120-2-2-.44
Current through Rules and Regulations filed through March 20, 2024
1. A decision that has otherwise become final may be reopened:
a. upon the Adjudicator's
order, within 30 days of the notice of the decision to correct a clerical error
or for good cause shown;
b. upon a
party's motion to reopen for good cause filed within 60 days of the notice of
the decision; or
c. upon the
Adjudicator's order at any time if there is evidence that the hearing decision
may have been procured by fraud or similar fault.
2. "Good cause" for reopening requires both
a. new and material evidence that was not i.
available to the proponent and ii. actually or constructively known by the
proponent, and
b. an obvious error
was made at the time of the decision.
3. For purposes of reopening a case, evidence is "new and material" when:
a. the evidence is
not part of the existing administrative record;
b. the evidence is relevant to issues
adjudicated in the prior decision; and
c. the evidence shows that the decision may
be contrary to the weight of the evidence, whether or not a different
conclusion is ultimately reached after reopening.
4. If the Adjudicator determines that good cause exists to reopen the decision, Rule 120-2-2-.31 (Admissibility of Evidence) governs the admissibility of new evidence.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
