(1) Hearing requests received by the
Department which are within the jurisdiction of the Office of State
Administrative Hearings shall be promptly transmitted to that Office in
accordance with the instructions of that Office. The Department may file any
procedural or jurisdictional objections to any hearing request at the time of
(2) Initial decisions
transmitted to the Department by the Office of State Administrative Hearings
for review shall be accompanied by the entire hearing record. Reviews of the
records and decisions will be by the Commissioner or his designees who will
issue the final decisions. Such decisions will be binding on the Department and
no further administrative remedy will be available.
Decisions made by the Office of State
Administrative Hearings in the following classes of cases will become final
upon issuance by that Office and without further Departmental action:
(a) Cases arising under the Child Support
Enforcement Act, O.C.G.A. Chapter 19-11, Art. 1, and related State and Federal
continuing involuntary hospitalization or habilitation and cost of care arising
under O.C.G.A. Title 37 or the Department's Published Rule
(c) Cases arising under O.C.G.A. Chapter
48-7, Art. 7, and related State and Federal laws involving the interception and
setoff of tax refunds;
arising under O.C.G.A. Chapter 31-8, Arts. 5 and 5A, and related State and
Federal laws involving rights of residents of long-term care facilities and
personal care homes;
arising under O.C.G.A. Chapter 49-5, Art. 8, concerning establishment of a
Child Protective Services Information System;
Intentional Program Violation (IPV)
disqualification hearings, and IPV disqualification hearings held in
combination with Food Stamp fair hearings, in the Food Stamp program under 7
A § 2015 and
7 CFR §
and their successor statutes and
regulations and related State laws;
Early intervention services cases arising
under 20 USC
A § 1480 and
and their successor statutes and regulations and related State laws.
Ga. Comp. R. & Regs.
Ga. L. 1972, p. 1015
et seq. and p. 1069 et seq.O.C.G.A. Secs.
Original Rule entitled
"Appeal from the Department" was filed on July 26,
1974; effective August 15,
Repealed: New Rule entitled "Same;Hearing Officer's
Authority to Conduct the Hearing" adopted. F. Aug.
19,1993; eff. Sept. 8,
Amended: Rule retitled "Same; HearingRequest Subject
to the Jurisdiction of the Office of State AdministrativeHearings" adopted. F.
Aug. 17, 1995; eff.
Sept. 15, 1995, as specified
Amended: F. Mar. 20,
1997; eff. Apr. 9,