Enforcement Functions Description
Legal Division Functions
The Legal Division has the following responsibilities:
Provides legal analysis and memorandums to the various departments within the Department.
Handles requests for the interpretation of state and federal law, regulations, and caselaw from other divisions.
Researches and analyzes issues raised in insurance, safety fire, and industrial loan cases.
Drafts regulations, bulletins, and proposed legislation for the Executive Office.
Prepares declaratory judgments and legal opinions for parties outside of the Department pursuant to insurance regulations.
Coordinates with and assists the Attorney General’s office in handling appeals from administrative actions and other litigation involving the Department.
Agent and Agency Licensing Sanctions
Represents the 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.
Reviews 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.
Reviews Form A exemption requests and Form A hearing requests.
Represents the Department at administrative hearings on matters involving the merger and/or acquisition of Georgia domestic insurers.
Represents the Department in settlement negotiations and administrative hearings resulting from orders.
Handles general compliance issues and administrative orders, including Cease and Desist Orders against Unauthorized Insurers and other Entities.
Represents the Department at administrative hearings concerning companies’ rate filings.
Investigates and advises the Insurance and Financial Oversight Division on the review of filings related to limited risk or non-traditional entities.
Advises and represents the Safety Fire Division on legal matters.
Reviews cases involving noncompliance to determine appropriate remedial action.
Prepares orders to enforce laws and regulations, including consent orders, orders to cease and desist, and orders imposing monetary penalties.
Represents the Department at administrative hearings for industrial loan cases.
Obtains documentary evidence and negotiates with industrial loan licensees and their attorneys.
Reviews documents submitted by industrial loan licensees, evaluates compliance with law and regulations, and recommends approval or disapproval of programs.