The order of proof
in the conduct of a hearing should be somewhat flexible. Generally the
following procedure will be followed:
Department or its representative should examine its witnesses and present its
(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.
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.
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.
Ga. Comp. R. & Regs.
Ga. L. 1972, p. 1015
et seq. and p. 1069 et seq. O.C.G.A. Secs.
Original Rule entitled
"Imminent Threat" was filed on July 26,
1974; effective August 15,
Repealed: New Rule entitled "Same; Hearing Officer's
Authority to Decide Case" adopted. F. Aug. 19,
1993; eff. Sept. 8,
Amended: Rule retitled "Procedures". F.
Aug. 17, 1995; eff.
Sept. 15, 1995, as specified by