Ga. Comp. R. & Regs. R. 290-1-1-.08 - Procedures

Current through Rules and Regulations filed through April 4, 2022

(1) The order of proof in the conduct of a hearing should be somewhat flexible. Generally the following procedure will be followed:
(a) The Department or its representative should examine its witnesses and present its proof first;
(b)The opposing party and its witnesses should then be heard;
(c) The giving of testimony by each party and its witnesses is subject to appropriate cross-examination by the opposite parties and questioning by the Hearing Officer;
(d) The Hearing Officer may call and examine witnesses to develop the record fully and to ensure all evidence favorable to an unrepresented party is presented.
(2) Each party will be given a reasonable time in which to complete its case. The hearing will not be considered complete until both sides have been given a reasonable opportunity to complete their arguments. The party against whom the action is to be taken will generally be allowed the last closing argument.
(3) Formality of pleadings or format shall not be required. Unless otherwise specified, all papers may be filed in the hearing record by mailing or delivery, suitably marked for identification, to the Hearing Officer.
(4) Unless otherwise specified all notices, pleadings, motions, etc. may be served by regular U.S. Mail. Mailed documents will be considered as timely if postmarked within the applicable time period. The Hearing Officer may at his or her discretion consider papers filed late, balancing the reasons for the delay against the prejudice to the other parties. The Hearing Officer may request that any Departmental employee or any party hand-deliver any paper if the circumstances require such.
(5) The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by the Department in the normal course of its business.

Notes

Ga. Comp. R. & Regs. R. 290-1-1-.08
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 31-5-2, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 49-4-3, 49-4-13, 50-13-13, 50-13-16, 50-13-17.
Original Rule entitled "Imminent Threat" was filed on July 26, 1974; effective August 15, 1974. Repealed: New Rule entitled "Same; Hearing Officer's Authority to Decide Case" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1993. Amended: Rule retitled "Procedures". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.

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