State RegulationsGA specificDifficulty 2/5
The Georgia Insurance Department has completed an investigation suggesting that a producer repeatedly committed unfair trade practices, and the Commissioner intends to hold a hearing that could result in discipline. What must the Commissioner do under O.C.G.A. § 33-6-6?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Under O.C.G.A. § 33-6-6, before the Commissioner takes disciplinary action following an investigation, the respondent must receive notice of the hearing and an opportunity to be heard. Due process is built into the Georgia Insurance Department's enforcement machinery: investigation, notice, hearing, and only then any penalty such as those the Commissioner may impose under O.C.G.A. § 33-6-9.
Why the other options are wrong
- A) Under O.C.G.A. § 33-6-6, discipline follows notice and a hearing; immediate suspension without the opportunity to be heard is not permitted.
- C) Unfair trade practice enforcement is handled administratively by the Insurance Commissioner; referral to a district attorney is not a precondition of the hearing.
- D) A newspaper warning does not substitute for the statutory notice and hearing required by O.C.G.A. § 33-6-6.
Memory hook
Investigate, notify, hear — then punish; Georgia never skips the hearing step.