Georgia Code
Article 5 - Group Self-Insurance Funds
§ 34-9-168. Grounds and Procedure for Restraining Transaction of Business by Fund or Administrator; Appointment of Receivers; Criminal Prosecution

If the Commissioner finds that any fund or its administrator (1) has failed to comply with any provision of this article, (2) is fraudulently operated, (3) is in such condition as to render further fund operations hazardous to the public interest or to the interests of the fund’s members and their employees, (4) is financially unable to meet its obligations and claims as they come due, or (5) has violated any other provision of law, he may apply to the Superior Court of Fulton County for an injunction. The court may forthwith issue a temporary injunction restraining the transaction of any business by the fund; and, after a full hearing, it may make the injunction permanent and appoint one or more receivers to take possession of the books, papers, moneys, and other assets of the fund in order to settle its affairs and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe. If it appears that a crime has been committed in connection with the administration or management of any fund, the Attorney General may pursue the appropriate criminal action.
History. Code 1933, § 114-621a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.

Structure Georgia Code

Georgia Code

Title 34 - Labor and Industrial Relations

Chapter 9 - Workers’ Compensation

Article 5 - Group Self-Insurance Funds

§ 34-9-150. Purpose of Article

§ 34-9-151. Definitions

§ 34-9-151.1. Eligibility for Establishing a Fund

§ 34-9-151.2. Filing of Intent to Form Fund; Notice of Intent to Refuse to Issue Certificate of Authority

§ 34-9-152. Application to Commissioner for Certificate of Authority to Create Fund; Contents of Application; Filing Fee; Membership of Fund

§ 34-9-153. Issuance of Certificate of Authority; Grounds for Denial or Revocation; Annual Renewal Fee

§ 34-9-154. Compliance With Workers’ Compensation Obligations by Participation in Fund

§ 34-9-155. License Required for Solicitation of Membership or Participation in Fund; Procedure for Admission of New Members; Underwriting Criteria

§ 34-9-156. Voluntary Termination of Members; Grounds and Procedure for Involuntary Termination of Membership; Effect of Voluntary or Involuntary Termination on Obligations

§ 34-9-157. Boards of Trustees — Appointment of Members

§ 34-9-158. Boards of Trustees — Powers

§ 34-9-159. Annual Reports of Affairs and Operations of Funds; Additional Periodic Reports; Verification of Reports; Compliance Condition for Renewal of Certificates

§ 34-9-160. Method of Determining Financial Condition and Solvency of a Fund and Financial Capacity of Fund to Pay Obligations

§ 34-9-161. Securities Deposit; Excess Loss Funding Program

§ 34-9-162. Maintenance of Surplus and Expendable Surplus; Waiver of Surplus Requirements; Return of Surplus to Members of Fund

§ 34-9-163. Investment of Assets; Maintenance of Loss Reserves

§ 34-9-164. Payment of Operating Expenses by Members of Fund; Liability of Members; Payment by Funds of Expenses of State Board of Workers’ Compensation; Legal Capacity of Funds

§ 34-9-165. Requirements as to Contracts Between Funds and Administrators Not Employed by Funds

§ 34-9-166. Fiduciary Responsibilities of Trustees, Officers, or Administrators of Moneys

§ 34-9-167. Bond, Liability Insurance, and Resident Office of Administrator

§ 34-9-168. Grounds and Procedure for Restraining Transaction of Business by Fund or Administrator; Appointment of Receivers; Criminal Prosecution

§ 34-9-169. Revocation and Suspension of Certificates of Authority; Probation and Fine; Voluntary Dissolution or Termination of Functions

§ 34-9-171. Tax Exemption

§ 34-9-172. Examinations by Commissioner to Verify Solvency of Funds

§ 34-9-173. Remedy of Deficiencies in Surplus or Reserve; Initiation of Insolvency Proceedings; Assessments Upon Liquidation

§ 34-9-174. Promulgation of Rules and Regulations

§ 34-9-175. Hearings or Other Proceedings for Aggrieved Parties

§ 34-9-176. Service of Process; Venue of Actions

§ 34-9-177. Funds Not to Be Deemed Insurers

§ 34-9-178. Construction of Article

§ 34-9-179. Application of Chapter 6 of Title 33 to Funds; Enforcement by Commissioner

§ 34-9-180. Officials of Funds Prohibited From Having Pecuniary Interests in Transactions; Exceptions

§ 34-9-181. Administrative Fines, Probation, or Additional Penalties

§ 34-9-182. Deadline for Compliance