Rule 120-2-2-.53. Unfair Trade Practices

1. (1) Except to the extent provided for in this rule, proceedings by the Department for an alleged unfair method of competition or an unfair or deceptive act or practice shall be in conformity with the provisions of Rules 120-2-2-.04 -120-2-2-.50.

   1. (a) a hearing shall be held not less than fifteen (15) days after the date of service of the charges;
   2. (b) at the hearing, a party charged with an unfair method of competition or an unfair and deceptive act or practice shall have an opportunity to be heard and to show cause why an order should not be entered requiring the party to cease and desist from the acts, methods or practices complained of.

2. (2) The Adjudicator, at a hearing pursuant to Rule 120-2-2-.53(1) shall have the power and authority to do the following in addition to the power and authority granted in Rules 120-2-2-.04 -120-2-2-.50:

   1. (a) examine and cross-examine witnesses;
   2. (b) require the production of books, papers, records, correspondence or other documents which he deems relevant.

3. (3) If after a hearing, the Adjudicator determines that the method of competition is in violation of Title 33, Chapter 6 of the Official Code of Georgia, he or she shall:

   1. (a) reduce his or her findings to writing;
   2. (b) issue and serve an order requiring the party to cease and desist the act or practice.

4. (4) The Commissioner may at any time, before notice of appeal is served upon him, or after the expiration of the time allowed by law for the serving of such notice, if no such notice has been served, amend or set aside in whole or in part any order issued by him under Rule 120-2-2-.53, whenever, in his opinion:

   1. (a) the facts and circumstances surrounding the case have so changed as to require such action; or
   2. (b) if the public interest requires it.
5. (5) No change of an order in a manner unfavorable to the person changed, or to the parties at interest, shall be made except after notice and opportunity for hearing as provided for in Rule 120-2-2-.53.
6. (6) The date of the Adjudicator's last order shall be the point of time from which it may be reviewed by appeal.

Authority: O.C.G.A. § 33-2-9et seq.

History. Original Rule entitled "Unfair Trade Practices" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.