Ga. Comp. R. & Regs. R. 189-2-.08 - Disposition of Cases

Current through Rules and Regulations filed through April 4, 2022

(1) After completion of appropriate proceedings, the Commission or its duly appointed officer may:
(a) Dismiss the case if no violation is found.
(b) Issue a Compliance Order.
(c) Issue an Order, including a Consent Order, finding one or more violations of law under the jurisdiction of the State Ethics Commission, and imposing civil penalties as provided by law, including but not limited to:
(i) Assessment of civil penalties in a dollar amount not to exceed the maximum authorized per violation times the number of violations found; and
(ii) Order the filing or amending of any delinquent or deficient document or report required to be filed by law under the jurisdiction of the State Ethics Commission and on a form or in the manner required by the Commission, within a certain time period with copies to be filed with the Commission; and
(iii) Ordering such other actions as necessary to bring about compliance with the law, including prohibiting the actual or threatened commission of any conduct constituting a violation.
(d) Suspend the hearing and report all preliminary findings to any prosecutorial authority for any action deemed appropriate.
(e) Postpone findings and any possible penalty for rescheduling and consideration of the matter at a future meeting, and subject to the taking of any interim action suggested by the Commission as dispositive in lieu of further proceedings.
(2) If a Hearing Officer hears a contested case and issues an Initial Decision:
(a) The Initial Decision will become the Final Decision by operation of law unless the Respondent or Attorney General's office makes a written request for review by the Commission within 30 days of the filing of the Initial Decision. Nothing in the Rules shall be construed to prevent the Commission, within 30 days of the Initial Decision, from ordering a review of any Initial Decision rendered by the duly appointed Hearing Officer.
(b) If the Respondent or Attorney General's office files a motion for review within 30 days of Initial Decision of the Hearing Officer, the Respondent or Attorney General's office shall include therein a statement of the reasons for seeking review and alleged errors made by the Hearing Officer in the Initial Decision. The Commission's review will be limited to those issues raised by the Respondent or Attorney General's office in the motion for review or by the Commission in its order for review.
(c) Upon the filing of a motion for review within 30 days of the Initial Decision, by the Respondent or Attorney General's office, or upon the filing of a timely order for review by the Commission on its own motion, notice of the date and time for the review shall be served on the Respondent or counsel for the Respondent and Attorney General's office.
(d) On review of the Initial Decision, the Commission shall have all the powers it would have in making the Initial Decision, and in its discretion shall have the power to take additional testimony or remand the case to the original hearing officer for such purpose, as provided in the Administrative Procedure Act and in accordance with this rule. The Respondent or Respondent's counsel and the Attorney General's office shall docket any motion, including motions to present additional evidence, at least fourteen (14) days before the date set for the Review Hearing. Responses to any such motions shall be docketed at least seven (7) days before the date set for the Review Hearing.
(i) Motions to present additional evidence or to remand the case to the original hearing officer for such purpose shall be granted only if the additional evidence is material and there was good cause for failing to present such evidence before the original hearing officer. The Commission shall enter an order as to the legal sufficiency of all motions, including motions for the presentation of additional evidence, prior to the Review Hearing.
(ii) Unless the Commission has granted a motion to present additional evidence, the Commission shall not receive any additional evidence by testimony or through documents at the Review Hearing. When represented by counsel at the Review Hearing, only counsel for the Respondent is permitted to make oral argument on behalf of the Respondent. When represented by counsel, unless the Commission has granted a motion to allow the additional testimony of the Respondent at the Review Hearing, the Respondent may not make a statement to the Commission, and any questions of the Respondent by the Commission shall be directed to the Respondent's counsel. During oral argument, questions by the Commission and the responses thereto shall not exceed the scope of the record under review unless the Commission has granted a motion to present additional evidence.
(e) Oral argument up to twenty (20) minutes per side is permitted in the Review Hearing. Additional time for argument must be requested in writing and docketed at least fourteen (14) days before the date set for the Review Hearing.
(f) Once the Review Hearing is concluded, the Commission shall deliberate as to the Final Decision in open session. At the conclusion of the deliberations, the vote of the matter shall be conducted in open session.

Notes

Ga. Comp. R. & Regs. R. 189-2-.08
O.C.G.A. Secs. 21-5-6, 21-5-7, 50-13et seq.
Original Rule entitled "Disposition of Cases" adopted. F. Feb. 22, 2000; eff. Mar. 13, 2000. Amended: F. Oct. 12, 2006; eff. Nov. 1, 2006. Repealed: New Rule of same title adopted. F: Dec. 18, 2007; eff. Jan. 7, 2008.

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