State RegulationsGA specificDifficulty 2/5
Following an investigation, the Insurance Commissioner intends to take action against a Georgia producer's license. Before the Commissioner may proceed with such regulatory action after an investigation, Georgia law requires:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under O.C.G.A. § 33-6-6, before the Insurance Commissioner takes action such as issuing a cease and desist order or imposing discipline following an investigation, the person is entitled to notice of the hearing and an opportunity for a hearing. This due-process structure — investigation, then notice, then hearing — is how the Commissioner's enforcement powers are exercised in Georgia.
Why the other options are wrong
- A) Georgia law does not require any series of prior warnings; O.C.G.A. § 33-6-6 requires notice of hearing and the opportunity to be heard, not repeated warnings.
- B) An administrative proceeding under O.C.G.A. § 33-6-6 is independent of any criminal process; a prosecutor referral is not a precondition.
- D) The appointing insurer has no consent role; hearing rights under O.C.G.A. § 33-6-6 belong to the person charged, not the carrier.
Memory hook
No hearing, no hammer — the Commissioner must give notice first.