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 120-2-72 - SPECIAL INSURANCE FRAUD FUND
Rule 120-2-72-.06 - Terms and Conditions for Use of Funds

Universal Citation: GA Rules and Regs r 120-2-72-.06

Current through Rules and Regulations filed through March 20, 2024

(1) The Commissioner may utilize the funds from the Special Insurance Fraud Fund for the investigation of insurance fraud. For purposes of this Regulation, investigation of insurance fraud shall include but not be limited to investigations carried out under official authority by law enforcement personnel employed by the Commissioner, and examinations of annual or other required statements by personnel employed or appointed by the Commissioner to identify any false material statement therein. In addition, the Commissioner may utilize a portion of said funds to reimburse prosecuting attorneys for some or all of the costs of retaining assistant prosecuting attorneys to prosecute insurance fraud cases when it is determined by the Commissioner that extraordinary circumstances exits necessitating such reimbursement.

(2) In an effort to spend the funds from the Special Insurance Fraud Fund responsibly and in a manner that will lead to proper and expeditious investigation and prosecution of fraudulent insurance acts, the following conditions apply:

(a) Expenses of independent contractors reimbursed with funds from the Special Insurance Fraud Fund shall be calculated in accordance with Georgia Insurance Department procedures regarding expense accounts;

(b) All items submitted for reimbursement must be fully documented and are subject to audit by the Georgia Insurance Department;

(c) Any independent contractors utilized by the Georgia Insurance Department for the purposes outlined in O.C.G.A. § 33-1-17must receive advance written authorization from the Commissioner before any request for reimbursement will be considered.

O.C.G.A. Secs. 33-1-17, and 33-2-9.

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