Rule 120-2-14-.08 - Right to Appeal(1) The Committee may hear any appeal from an applicant, insured, producer or company on a matter pertaining to the proper administration of the Plan. Each notice of cancellation or denial of insurance under the provisions of the Plan shall contain or be accompanied by a statement that the insured or applicant has a right of appeal to the Committee. The action of the Committee may be appealed to the Commissioner, in accordance with O.C.G.A. Section 33-2-17.(2) The Plan shall promptly notify the company, the insured, or applicant, and the producer of record of the disposition of the appeal, which notification in the case of refusal to sustain a cancellation shall include notice that upon payment of the deposit premium to the company, a policy or binder will be issued.(3) An appeal shall not operate as a stay of cancellation. Provided, however, that if either the Committee or the Commissioner refuse to sustain the cancellation, the insurer which issued the policy or binder shall, within two (2) working days after receipt of the deposit premium, which must be received within thirty (30) days after determination of the appeal, issue a new policy or binder. Such policy shall be issued for a period of one (1) year from the date of issuance. The balance of the premium shall be payable as provided in the Plan rules.(4) The Commissioner shall be the final authority in all matters relating to the interpretation and enforcement of this Chapter, except insofar as his orders may be reversed or modified by the courts.Ga. Comp. R. & Regs. R. 120-2-14-.08
O.C.G.A. §§ 33-2-9, 40-9-100.
Original Rule entitled "Distribution and Assignment of Risks" adopted. F. and eff. July 20, 1965.Amended: F. Apr. 22, 1966; eff. May 12, 1966.Amended: F. Jan. 13, 1971; eff. Feb. 2, 1971.Amended: F. Dec. 17, 1974; eff. Jan. 6, 1975.Repealed: New Rule of same title adopted. F. Apr. 30, 1975; eff. May 20, 1975.Amended: F. Aug. 1, 1975; eff. Aug. 21, 1975.Amended: F. Dec. 21, 1976; eff. Jan. 10, 1977.Amended: F. Dec. 1, 1977; eff. Dec. 21, 1977.Amended: F. Apr. 28, 1978; eff. May 18, 1978.Amended: F. Nov. 22, 1978; eff. Dec. 12, 1978.Repealed: New Rule entitled "Cost of Administration" adopted. F. Sept. 2, 1981; eff. Sept. 22, 1981.Repealed: New Rule entitled "Right of Appeal" adopted. F. Oct. 5, 1984; eff. Nov. 1, 1984, as specified by the Agency.Amended: F. Oct. 1, 2015; eff. Oct. 21, 2015.