Office of Insurance and Safety Fire CommissionerRalph T. Hudgens
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Enforcement Functions Description

The Enforcement Division has the following responsibilities:

I. Investigative Functions
Investigation of insurance fraud cases including, but not limited to: (a) special market conduct examinations of insurers; (b) unauthorized insurers; (c) agent fraud and/or wrong doing; and (d) claims fraud (provider, attorney, and consumer cases).

II. Legal Functions
  1. Safety Fire
  2. Representation of the Safety Fire Division at the administrative level; Reviews cases involving noncompliance to determine appropriate remedial action; Preparation of Notices to Correct Unsafe Conditions and Restraining Orders; Coordination of Superior Court cases between Attorney General’s office and the Safety Fire Division;
  3. Industrial Loan
  4. Representation of the Department at administrative hearings for industrial loan cases; Obtains documentary evidence and negotiates with industrial loan licensees and their attorneys;
  5. Insurance

    1. Agent Licensing Sanctions
    2. Representation of the Insurance Department at administrative hearings on matters involving the regulation of insurance agents and other licensees; Determines when a license revocation or refusal process is warranted through evaluation of cases, interviewing of witnesses, preparation of witness affidavits and negotiations with the agents and their attorneys; Drafts Notices, Orders and other pleadings;
    3. Company Cases

      1. Market Conduct and Financial Exams-Review of market conduct examination reports to determine what enforcement action is appropriate based on the findings of the report; Recommends fines and other sanctions to be levied against companies; Representation of the Department in settlement negotiations and administrative hearings resulting from orders;
      2. Handling of General Compliance issues and Administrative Orders, including Cease and Desist Orders against Unauthorized Insurers and other Entities;
      3. Rate cases - Representation of the Insurance Department at administrative hearings concerning companies’ rate filings;
      4. Consumer complaints and hearings on cancellations and non-renewals of personal automobile policies;
      5. Consumer complaints and hearings on non-compliance with workers’ compensation rating issues;
      6. Acquisitions and mergers involving domestic insurers-Representation of the Insurance Department at administrative hearings on matters involving the merger and/or acquisition of Georgia domestic insurers;
      7. Legal Analysis and Memorandums provided to the various departments within the Department- Handling of requests for the interpretation of State and Federal law, regulations, and case law from other divisions; Researching and analyzing issues raised in insurance, safety fire, and industrial loan cases;
      8. Drafting of regulations, bulletins, and proposed legislation for Executive Office;
      9. Investigative and legal assistance to Regulatory Services on review of company, third party administrator, risk retention, and self funded group applications for licensure;
      10. Legal analysis of insurer charters and by-laws;
      11. Preparation of declaratory judgments and legal opinions for parties outside of the Department pursuant to insurance regulations;
      12. Coordination with and assistance to the Attorney General’s office in handling appeals from administrative actions and other litigation involving the Department.
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