Ga. Comp. R. & Regs. R. 290-1-1-.03 - Licensing

Current through Rules and Regulations filed through April 4, 2022

(1) In any proceeding relating to actions revoking, suspending, or denying a license to any party or person, such action cannot be taken without giving the affected party prior written notice of the intended action and affording an opportunity for hearing pursuant to the provisions of this Chapter, except in the following circumstances:
(a) An imminent threat to the public health, safety or welfare exists such that emergency action is necessary, in which case the license may be summarily suspended pending the revocation hearing by an Emergency Order issued by the Commissioner or Commissioner's designee containing a factual finding and description of the necessity for the summary action; or
(b) The Department is authorized or required by specific statute or court order or judgement to act without a hearing.
(2) Requests by the licensee for exculpatory or favorable information in the Department's files in any action under this Rule must be made to the assigned Hearing Officer or to the Office of State Administrative Hearings.

Notes

Ga. Comp. R. & Regs. R. 290-1-1-.03
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 31-2-6, 31-5-2, 37-7-2.2, 37-1-22, 37-1-23, 37-1-50, 49-4-3, 50-13-2, 50-13-4, 50-13-18, 50-13-40et seq.
Original Rule entitled "Authority of Hearing Examiner" was filed on July 26, 1974; effective August 15, 1974. Repealed: New Rule entitled "Licensing" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1998. Amended: Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.

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