Notice of Suspension or Revocation of License; Hearing; Appeals

  1. Law
  2. Georgia Code
  3. Insurance
  4. Licensing
  5. Agents, Agencies, Subagents, Counselors, and Adjusters
  6. Notice of Suspension or Revocation of License; Hearing; Appeals

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  1. Any license, other than a probationary license or inactive license as described in subsection (a) of Code Section 33-23-19, may be suspended or revoked as provided by Code Section 33-23-21 and subsection (b) of Code Section 33-23-19, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph (20) of Code Section 33-23-21 which shall only require the hearings provided for in said paragraph.
  2. Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title.

(Code 1981, §33-23-22, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1996, p. 453, § 10; Ga. L. 1998, p. 1094, § 9; Ga. L. 2001, p. 925, § 1; Ga. L. 2019, p. 462, § 1-10/SB 214.)

The 2019 amendment, effective July 1, 2019, in subsection (a), substituted "described in subsection (a)" for "described in subsection (b)" near the middle of the first sentence, and, in the second sentence, deleted "or (21)" following "paragraph (20)", and substituted "in said paragraph" for "in either paragraph" near the end.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "paragraph (20)" was substituted for "paragraph 20" in the last sentence in subsection (a).

JUDICIAL DECISIONS

Procedural safeguards must be provided if hearing takes place.

- In the event a hearing takes place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of the Insurance Code before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 42 et seq.

C.J.S.

- 44 C.J.S., Insurance, §§ 67 et seq., 124.

ALR.

- Constitutionality, construction, and application of statute respecting cancellation, suspension or renewal of license of insurance agent, 154 A.L.R. 1146.


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