OCISF issues a written order disapproving a Georgia homeowners insurer's rate filing on the ground that the catastrophe loading is excessive. The insurer disputes the finding. Which sequence correctly describes the insurer's procedural options under O.C.G.A. § 33-9-21.2 and Title 33's appeal provisions?
Why this is the answer
An insurer aggrieved by the Commissioner's disapproval of a rate filing may petition the Commissioner for a hearing within ten days of the notice of disapproval under O.C.G.A. § 33-9-21.2, and the hearing is conducted under the hearing provisions of Chapter 2 of Title 33 (§§ 33-2-17 through 33-2-23), where the insurer may appear by counsel, examine witnesses, and present evidence. An insurer dissatisfied with the order on the hearing may then seek judicial review by petition in the Superior Court of Fulton County within 30 days under §§ 33-2-26 and 33-2-27; the court reviews the record, and the Commissioner's findings stand if supported by substantial evidence (§ 33-2-28). Skipping the hearing or using the disapproved rate is not an option.
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