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State RegulationsGA specificDifficulty 3/5

A Georgia producer has just been cited for an unfair trade practice violation. Which statement about when the Insurance Commissioner may impose the penalty under O.C.G.A. § 33-6-9 is correct?

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Why B is correct

Under O.C.G.A. § 33-6-9, the penalty framework applies to a violation committed after notice and hearing — the Commissioner must first provide the procedural opportunity afforded under O.C.G.A. § 33-6-6 before administrative penalties attach. The process is administrative, so criminal conviction is not a prerequisite.

Why the other options are wrong

  • A) An anonymous complaint triggers neither jurisdiction nor penalties; notice and hearing must come first.
  • C) The administrative penalty under O.C.G.A. § 33-6-9 is independent of any criminal prosecution.
  • D) Enforcement rests with the Insurance Commissioner's own authority, not the insurer's request.

Memory hook

No hearing, no penalty — Georgia fines only after fair process.

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