Ga. Comp. R. & Regs. R. 290-1-1-.10 - Decisions

Current through Rules and Regulations filed through April 4, 2022

(1) The Hearing Officer will issue a recommended decision, including findings of fact and conclusions of law, to the Commissioner within thirty (30) days of closure of the record, unless the Hearing Officer determines that additional time is needed for a full evaluation of the record. The recommended decision will be mailed or delivered to the parties. If no appeal is filed to the Commissioner within thirty (30) days after issuance of the recommended decision, the recommended decision will become the Department's final decision and will be binding on the Department. No further administrative relief will be available.
(2) Appeals to recommended decisions will be considered by the Commissioner or his designee, who will issue the Department's final decision within thirty (30) days of receipt of the appeal, unless an extension of time is necessary for a full evaluation of the record. The final decision will be binding on the Department upon issuance, and no further administrative relief will be available.
(3) Where fewer than all parties authorized to appeal a recommended decision do so, the Commissioner or his assigned designee may send notice of the appeal to the non-appealing parties. Said parties may then participate in the appeal as fully as the appealing parties, and will be as bound by the final decision.
(4) Clerical mistakes, oversights and omissions in decisions and proposed decisions may be corrected following issuance, provided that no rights of the parties are adversely affected.

Notes

Ga. Comp. R. & Regs. R. 290-1-1-.10
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 "Promulgation of Rules" was filed on July 26, 1974; effective August 15, 1974. Repealed: New Rule entitled "Same; Administrative Review" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1993. Amended: Rule retitled "Decisions". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.

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