Ga. Comp. R. & Regs. R. 290-1-1-.07 - Hearing Officer's Authority to Conduct the Hearing

Current through Rules and Regulations filed through April 4, 2022

(1) The Hearing Officer shall have the authority to do the following:
(a) Hold prehearing conferences to settle, simplify, determine or strike any of the issues at a hearing;
(b) Administer oaths and affirmations;
(c) Sign and issue subpoenas and rule on offers of proof;
(d) Regulate the course of the hearing;
(e) At the Hearing Officer's discretion, set the time and place for continuances and fix the time for filing briefs;
(f) Accept motions for dismissal for lack of Department jurisdiction over the subject matter or the parties, or for any other ground, or raise such matters on the Hearing Officer's own motion;
(g) Accept and rule on motions to amend pleadings, to intervene, to open default, to extend time limits where motion is made prior to the expiration of same, and other matters, or raise such matters on the Hearing Officer's own motion;
(h) Obtain or provide for obtaining written, videotaped or audiotaped testimony or for evidence in other forms;
(i) Reprimand or exclude from any hearing any person for indecorous or improper conduct committed at or during any hearing or, if unable to obtain obedience to reasonable directions and as a last resort, to adjourn the hearing;
(j) Require a showing of authority by anyone purporting to appear in any representative authority;
(k) Arrange or request a party to arrange for the presence of interpreters or other measures to assist parties or witnesses; a party who needs such assistance shall notify the Hearing Officer in advance of the hearing;
(l) Arrange for and issue notices of the date, time and place of hearings or conferences;
(m) Rule on, admit, exclude, or limit evidence;
(n) Issue default dismissals for failure to attend or participate;
(o) Take such other action as might be required to facilitate the development of a complete record upon which to base a decision as long as such actions are not inconsistent with relevant laws and regulations.
(2) In considering the site for the conduct of the hearing, the Hearing Officer shall give due regard to the convenience and necessity of the parties and their representatives, the witnesses and the location of records. Where common questions of fact or law exist, group hearings may be scheduled for all parties to whom such commonalities apply.
(3) The Hearing Officer may conduct the hearing in whole or in part, including preliminary or collateral proceedings, by telephone unless the parties object. If the objecting party is the Department or its agents, the Hearing Officer may overrule the objection unless good cause is shown for the objection.
(4) Objections to the sufficiency of a Notice of Hearing must be made by a written motion for a more definite statement, delivered to the Hearing Officer at least five (5) days prior to the hearing date.
(5) The Hearing Officer may at any time and on his or her own motion determine the Hearing Officer's jurisdiction over the issues or parties. Hearings may be denied or dismissed if the sole issue is one mandated by law with no Departmental discretion, or if the Department has no authority to grant the relief requested.

Notes

Ga. Comp. R. & Regs. R. 290-1-1-.07
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 31-5-2, 31-5-5, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 37-1-53, 49-4-3, 49-4-13, 50-13-13, 50-13-15.
Original Rule entitled "Adoption of the Rules" was filed on July 26, 1974; effective August 15, 1974. Repealed: New Rule entitled "Same; Contents of Hearing Records" adopted F. Aug. 19, 1993; eff. Sept. 8, 1993. Amended: Rule retitled "Hearing Officer's Authority to Conduct the Hearing". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.

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