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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 13. INSURANCE HOLDING COMPANY SYSTEMS · Article 1. GENERAL PROVISIONS

33-13-15. Aggrieved persons; appeal of actions of Commissioner; mandamus.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this article may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that, if all parties including the Commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.#

  2. (b)

    The filing of an appeal pursuant to this Code section shall stay the application of any such rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors, or the public.#

  3. (c)

    Any person aggrieved by any failure of the Commissioner to act or make a determination required by this article may petition the Superior Court of Fulton County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination immediately.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 56-3413, enacted by Ga. L. 1970, p. 257, § 1; Ga. L. 1982, p. 3, § 33; Code 1981, § 33-13-14; Code 1981, § 33-13-15, as redesignated by Ga. L. 2013, p. 802, § 1/HB 312; Ga. L. 2015, p. 608, § 3/SB 108.

Editor's notes

Ga. L. 2013, p. 802, § 1/HB 312, effective July 1, 2013, redesignated former Code Section 33-13-14 as present Code Section 33-13-15. This Code section formerly pertained to penalty for willful violation of this chapter by insurers and individuals and was based on Code 1933, § 56-3410, enacted by Ga. L. 1970, p. 257, § 1.

Cross references

Judicial review of actions of Commissioner generally, § 33-2-26 et seq.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch1-22-(v24)-2020-pdf.pdf, Volume V24, 2020 edition, page 633; merge action: carried; file SHA-256 4ecec175d949.