OCISF investigators determine that a Georgia agency has been systematically twisting auto policies in violation of the Unfair Trade Practices Act and continues the conduct despite written warnings. Which combination of statutory tools may the Commissioner deploy concurrently?
Why this is the answer
Georgia's enforcement tools can be combined. For an unfair trade practice such as twisting, O.C.G.A. § 33-6-8 itself lets the Commissioner, after the hearing required by § 33-6-7, issue a cease and desist order and add a monetary penalty (up to $1,000 per violation, or $5,000 if the person knew or should have known) and suspension or revocation of the license. Section 33-2-24 separately authorizes penalties of up to $2,000 per violation ($5,000 if knowing) 'in addition to all other penalties' in Title 33, and § 33-23-21 makes any violation of Title 33 a ground for license action. Orders are reviewable under §§ 33-2-26 through 33-2-28. Criminal prosecution belongs to the prosecuting attorney, to whom the Commissioner refers violations.
Studying for the Georgia Property & Casualty exam?
This question comes from our P&C bank. Take a free practice test — no signup.
