Conduct of Hearings by Commissioner Generally; Demands for Hearings

1. Law
2. Georgia Code
3. Insurance
4. Department and Commissioner
5. Conduct of Hearings by Commissioner Generally; Demands for Hearings

1. The Commissioner may hold hearings for any purpose within the scope of this title as he may deem necessary.
2. He shall hold a hearing:
   1. If required by any provision of this title; or
   2. Upon written demand for a hearing made by any person aggrieved by any act, threatened act, or failure of the Commissioner to act if such failure is deemed an act under any provision of this title or by any report, promulgation, or order of the Commissioner, other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party or order pursuant to the order on such hearing.
3. Any demand for a hearing pursuant to this Code section shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing; and, unless postponed by mutual consent, the hearing shall be held within 30 days after receipt by the Commissioner of the demand for a hearing. Such hearing shall be held only if the Commissioner shall find that the demand for a hearing is made in good faith, that the applicant would be aggrieved, and that such grounds otherwise justify holding such hearing.
4. Pending the hearing and decision on holding the hearing, the Commissioner may suspend or postpone the effective date of his previous action.

(Code 1933, § 56-218, enacted by Ga. L. 1960, p. 289, § 1.)

Cross references.

- Administrative hearings in contested cases generally, § 50-13-13 et seq.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, Chs. 56-20 and 56-21, repealed by Ga. L. 1960, p. 289, which, as amended, enacted this title, are included in the annotations for this Code section.

Section inapplicable to workers' compensation rate hearing.

- A hearing as to workers' compensation insurance rates before the Insurance Commissioner is rightly held pursuant to authority of former Code 1933, § 114-609 (see O.C.G.A. § 34-9-130) and pursuant to former Code Section 3A-114 (see O.C.G.A. § 50-13-13) and not pursuant to this Code section. This is so because the workers' compensation insurance rate-making function (although performed by the Insurance Commissioner) is not within the scope of this title, but is within the scope of T. 34, C. 9. National Council on Comp. Ins. v. Caldwell, 154 Ga. App. 528, 268 S.E.2d 793 (1980).

Ex parte order suspending previously, approved rate filing held void.

- Commissioner's ex parte order purporting to suspend rate filings which had previously been approved by him, without notice or hearing provided for by statute was issued without lawful authority, and void. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958). See also Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

Entitlement to equitable relief.

- Authorized rating organizations, having made substantial allegations showing that an invalid order issued by the Insurance Commissioner would work great hardship on them, causing irreparable injury to their business and property rights, and being without an adequate remedy at law, were entitled to equitable relief. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958); Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

Administrative review not required.

- Authorized rating organizations are not required to seek administrative review of a rate suspension order, alleged to be void for want of authority in the Commissioner to issue it, before resorting to the courts. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958); Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

Cited in Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972); Caldwell v. Liberty Mut. Ins. Co., 248 Ga. 282, 282 S.E.2d 885 (1981); Darden v. Ford Consumer Fin. Co., 200 F.3d 753 (11th Cir. 2000); Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000).

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