Ga. Comp. R. & Regs. R. 120-2-2-.01 - Definitions
The following words and terms as used in these rules shall have the meaning hereinafter ascribed to them:
1. "Adjudicator" means the Commissioner's
duly appointed representative, appointed pursuant to O.C.G.A. §
33-2-6, whom he or she deems
qualified by reason of training, experience and competence.
2. "Adjudication" means a trial
type-proceeding that offers an opportunity for fact-finding before an
adjudicator.
3. "Administrative
record" includes the transcript or recording of the hearing and any transcribed
or recorded conferences or oral arguments before the Adjudicator, all exhibits
and stipulations filed in the adjudication, all exhibits excluded from the
adjudication but preserved for purposes of administrative review, all party and
limited participant filings, all written orders or decisions of the
Adjudicator, any disclosure of ex parte contacts required under Rule
120-2-2-.09 (Ex Parte
Communications), any written statements of settlement, and any other matters
required or permitted under these rules to be included, whether with or without
leave from the Adjudicator.
4.
"APA" means the Georgia Administrative Procedure Act, O.C.G.A. Title 50,
Chapter 13.
5. "Commissioner" means
the Insurance Commissioner of the State of Georgia.
6. "Contested Case" means a proceeding,
including but not restricted to rate making, price fixing, and licensing, in
which the legal rights, duties, or privileges of a party are required by law to
be determined after an opportunity for hearing.
7. "Department" means the Department of
Insurance of the State of Georgia.
8. "Docketed Party" is a named person
required by law to participate in an adjudication.
9. "Intervenor" is a person either entitled
by law or permitted by the Department to participate with full or limited
rights as a party, despite not being a Docketed Party to an
adjudication.
10. "License" means
and includes the whole or part of any Department permit, certificate, approval
registration or similar form of permission with reference to any activity of
continuing nature as provided for by the Georgia Insurance Code.
11. "Limited participant" is a person, who is
not a party, permitted by agency discretion to participate in an
adjudication.
12. "Motion" means a
request made to the Adjudicator or to the Department, as may be
appropriate.
13. "Notice of
Hearing" means a written statement of the substance of a specific charge
alleging violation of any rule or statute to be considered at a hearing to the
person or party affected or of the substance of a proposed rule to be
considered which will afford actual notice to all interested persons. Such
notice shall be served in accordance with Rule
120-2-2-.14(1)(c)(ii)
that follows. Provided, however, that when the Commissioner certifies for the
record that an emergency exists requiring the holding of a hearing upon notice
less than twenty (20) days, a hearing may be held with less than twenty (20)
days' notice but not less than 10 days' notice.
14. "Party" is a Docketed Party, agency, or
intervenor in an adjudication.
15.
"Person" includes an individual, partnership, corporation, association, public
or private organization, or governmental agency.
16. "Petition" A written application from a
person or persons to the Department or the Commissioner asking that authority
be exercised to grant relief or privileges.
17. "Record" (noun) is a document or other
information that is inscribed on a tangible medium or stored in an electronic
or other medium and retrievable in perceivable form.
18. "Record" (verb) means to preserve or
convert proceedings, discussions, or other actions in permanent form via audio,
video, stenographic, or other reasonable means.
19. "Rule" means each regulation, standard or
statement of general applicability that implements, interprets or prescribes
law or policy, or describes the organization, procedure or practice
requirements. The term includes the amendment or repeal of a prior
rule.
20. "Settlement Adjudicator"
is an adjudicator other than the Adjudicator presiding over a case, whom the
Commissioner appoints to facilitate settlement or other dispute resolution
under Rule
120-2-2-.23 (Settlement and
Alternative Dispute Resolution).
Notes
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