Rule 120-2-2-.27 - Scheduling, Location, and Notice of Hearing1. Unless the Department provides otherwise, the Adjudicator is responsible for scheduling the hearing with due regard for the convenience and expense to the parties, their representatives, and witnesses, and the availability of suitable hearing facilities and other relevant factors. The Adjudicator must provide written notice to all parties of the time, place, and date for the hearing, the legal authority under which the hearing is to be held, and the matters at issue, at least 10 days before the date set for hearing. The hearing must be open to the public, unless the Adjudicator orders otherwise.2. A request for a change in the time, place, or date of the hearing may be entertained by the Adjudicator. A hearing may be postponed by the Adjudicator for good cause, upon motion of a party or upon her/his own authority. A motion to postpone a hearing must be received at least 5 days prior to the date set for hearing. A motion for postponement received less than 5 days prior to the scheduled hearing will generally be denied unless good cause is shown for late filing.3. At any time after commencement of an adjudication, any party may move to expedite the scheduling of a proceeding consistent with an agency's expedited hearing procedures. A party moving to expedite a proceeding must:a. describe the circumstances justifying expedition, andb. include affidavits to support any factual representations with the motion.4. Following timely receipt of the motion and any responses, the Adjudicator may expedite pleading or filing schedules, prehearing conferences, and the hearing, as appropriate.5. If the Commissioner or the Adjudicator finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect, notice shall be given and an emergency hearing will be held.Ga. Comp. R. & Regs. R. 120-2-2-.27
O.C.G.A. §§ 33-2-9, 33-2-18, 33-2-19, et seq.
Editor's Note: Chapter 120-2-2 of the Rules and Regulations of the Georgia Insurance Department entitled "Practice and Procedure" has been amended by adding a new Rule 120-2-2-.27 entitled "Examinations Under Open Competition Rating Law." This Regulation is on file in the office of the Comptroller General and is open for public examination and copying.Original Rule entitled "Examinations Under Open Competition Rating Law" adopted. F. July 17, 1967; eff. July 10, 1967, as specified by the Agency.In accordance with Ga. Laws 1967, p. 618; Ga. Code Ann., Section 3A-124, the contents of this Rule is not filed with or published by the Secretary of State; only the names and designations are filed, printed and distributed.Repealed: New Rule entitled "Scheduling, Location, and Notice of Hearing" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.