(1) Hearings will be open to the public
unless a law or other authority requires or authorizes closure.
(2) The Hearing Officer assigned to conduct
any hearing will be the Department's custodian of that hearing record while the
case is in hearing status, and for the duration of any appeal time thereafter.
Where the Hearing Officer's decision is appealed to the Commissioner, the
Commissioner or his assigned designee will become the custodian upon receipt of
the record after issuance of the recommended decision and for the duration of
any appeal time thereafter.
hearing records will be assembled in the English language, as designated by
Resolution No. 70, Georgia Laws 1986, Page 529. The Hearing Officer may require
or arrange for translation into English of any testimony, arguments, documents
or other matter presented in another language, and the English version will be
the official record of the item. No person will be prevented from offering
evidence or testimony for want of an English translation, however, and the
original-language version will also be placed in the record.
(4) Access to hearing records will generally
be as provided by Georgia's "Open Records Law", O.C.G.A. Chapter 50-18, Art. 4,
or its successor statute, except where access to the record is governed by a
specific law or other authority. The Department may exercise its statutory
right to protect any record or part thereof from disclosure as authorized by
or their successor statutes.
Costs for transcripts and copies of records will be governed by the
Department's general policy on costs for copies of its records as found in the
Departmental Administrative Procedure Manual or its
Ga. Comp. R. & Regs.
Ga. L. 1972, p. 1015
et seq. and p. 1069 et seq. O.C.G.A. Secs.
Original Rule entitled
"The Hearing Officer" was filed on July 26,
1974; effective August 15,
Repealed: New Rule entitled "Certification of Hearing
Records" adopted. F. Aug. 19, 1993; eff.
Sept. 8, 1993.
Amended: Rule retitled "Hearings and Hearing Records:
Confidentiality, Custody, Language, Access, Costs". F.
Aug. 17, 1995; eff.
Sept. 15, 1995, as specified by