Title 33, Chapter 21, Section 20
( 33-21-20)
(a) Except as otherwise provided in this chapter, all hearings and
proceedings held under this chapter shall be conducted in accordance
with Chapter 2 of this title and the Commissioner of Insurance shall
have all the powers granted to him in Chapter 2 of this title. (b) The commissioner of human resources, or his designated
representative, shall be in attendance at the hearings and shall
participate in the proceedings. The recommendation and findings of
the commissioner of human resources with respect to matters relating
to the quality of health care services provided in connection with
any decision regarding denial, suspension, or revocation of a
certificate of authority shall be conclusive and binding upon the
Commissioner of Insurance. After the hearing, or upon the failure
of the health maintenance organization to appear at the hearing, the
Commissioner of Insurance shall take action as is deemed advisable
on written findings which shall be mailed to the health maintenance
organization with a copy of the findings mailed to the commissioner
of human resources. The action of the Commissioner of Insurance and
the recommendation and findings of the commissioner of human
resources shall be subject to review by the superior court having
jurisdiction. The court may, in disposing of the issue before it,
modify, affirm, or reverse the order of the Commissioner of
Insurance in whole or in part. (c) Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act," shall apply to proceedings under this Code section to the
extent that they are not in conflict with subsections (a) and (b) of
this Code section. |