The Hearing Officer may provide for
examination of the hearing record by the parties as follows:
(a) All laws of confidentiality and privilege
shall be respected by the parties, and the Hearing Officer may, by order,
condition any party's access to the record so as to protect confidentiality and
(b) The Hearing Officer
may arrange for examination by other parties prior to the hearing of any
documents to be used by any party at the hearing, by directing the parties to
make their documents available to the other parties for examination by
appointment or to exchange copies, or by delivering the documents to the
Hearing Officer prior to the hearing, or by other reasonable means;
(c) The Hearing Officer may recess, postpone,
or continue the hearing to allow the parties to examine documents not
previously disclosed. Where the recess or continuance will adequately protect
the parties' rights, the mere failure to disclose a document prior to the
hearing will not require its exclusion from the record;
(d) At the request of any party or on the
Hearing Officer's own motion the Hearing Officer may mask or excise irrelevant,
privileged or confidential parts of any document prior to its examination by
the other parties. No consideration will be given to the masked or excised
parts in the decision if the other party objects to such consideration. The
Hearing Officer shall retain in the record a sealed copy of the document
without the deletions, for consideration by the court in case of administrative
or judicial review.
(e) If any
party refuses to comply with the Hearing Officer's reasonable directions to
make a document available to other parties, the Hearing Officer may as a last
resort exclude the document and any evidence or testimony derived from or based
upon it from the record.
(2) The Hearing Officer may issue subpoenas
for witnesses and records at the request of any party or on his or her own
motion, provided the request is made sufficiently in advance of the hearing
date to permit good service.
The Hearing Officer is authorized to direct any employee of the Department to
attend the hearing or prehearing conference, and to receive custody of the
Departmental records for presentation at the hearing.
(4) Prior to the issuance of any subpoena or
discovery order, the Hearing Officer may require a preliminary showing of
relevance of the evidence sought or need for the order, and may also require a
showing that alternate means of obtaining the evidence have been
Ga. Comp. R. & Regs.
Ga. L. 1972, p. 1015
et seq. and p. 1069 et seq. O.C.G.A. Secs.
Original Rule entitled
"Procedure for Hearing under AFDC and Medicaid Programs" was filed on
July 26, 1974; effective
August 15, 1974
Repealed: New Rule entitled "Same; Ex Parte Contacts
with Hearing Official" adopted. F. Aug. 19,
1993; eff. Sept. 8,
Amended: Rule retitled "Subpoenas and Discovery". F.
Aug. 17, 1995; eff.
Sept. 15, 1995, as specified by