Ga. Comp. R. & Regs. R. 300-2-5-.04 - General Rules for Appeals to an Administrative Hearing Officer and Board of Review Appeals

Current through Rules and Regulations filed through April 4, 2022

(1) Attorney fees. Counsel for claimant shall, upon application and approval by the board of review, be authorized to charge and receive from the claimant, for an appearance before either an appeals tribunal or the board of review, a fee in an amount not to exceed $300.00 for each appearance; provided that for an appearance before the board of review which required counsel to travel a distance of more than twenty-five (25) miles, an additional amount may be authorized by the board. Provided, further, that the total allowance authorized on any claim shall not be in excess of fifty percent (50%) of the amount involved in the claim. Only for good cause shown to the satisfaction of the board of review may an allowance in excess of these amounts be approved.

(2) Supplying information from the department. Information from the records of the department to the extent necessary for the proper presentation of a claim before an administrative hearing officer or the board of review shall be available to the interested parties upon request. Any interested party may have access to the information in the records pertinent to the claim or claims to the extent of reviewing the file or files. The department shall release the entire file whenever a case is taken to court, but shall not be compelled to release a copy or permit the copying of any confidential or privileged communications prior to such proceedings in a court of record. Copies may be obtained only as otherwise provided in Section 300-2-6-.02 of these rules.

(3) Representation before appeals tribunals and board of review.

(a) Any individual may appear in person in any proceeding before any appeals tribunal or before the board of review. A partnership may be represented by any member. A corporation or association may be represented by any of its officers or agents. Any party may be represented by counsel or any agent of their choice, as provided in OCGA Section 34-8-251.

(b) Appearance before the board of review on behalf of the department shall be limited to members of the staff designated by the Commissioner.

(4) Excused for cause. No administrative hearing officer, member of a three-person tribunal or member of the board of review shall participate in a hearing to determine the issues in any appeal in which that individual has an interest in the outcome.

(5) An appeal shall be considered to be timely filed if the appeal is filed on the next day the office of the department is open and the last day for filing the appeal fell on a Saturday, Sunday, official holiday for which the department's offices were closed or the department's office was closed due to a temporary emergency. An appeal shall be considered to be filed on the same date as the postmark cancellation date shown on its envelope, or the actual date of receipt by the department if there is no postmark cancellation date or if the date on the envelope is illegible. A postage meter date shall not be considered for purposes of timeliness. An appeal may be filed in person, by mail or by facsimile transmittal ("FAX") sent to the office of the department where the claim was initially filed or was transferred by the department. For purposes of these rules, a postal meter mark will not be considered to be a postmark.

(6) Ex parte communications. No parties will be permitted to discuss the merits or facts of any pending case with the administrative hearing officer assigned to the case or the board of review either before or after the hearing, prior to the issuance of the decision, unless all other parties to the case have been given notice and opportunity to be present. Any discussions between the parties and the administrative hearing officer or the board of review on procedural issues or inadvertent ex parte information regarding the merits of the case will be reported to the parties at the time of the hearing and made a part of the record. Discussions with department employees who are not designated to represent the department on the issue or who do not provide factual information and are not expected to participate in the hearing of the case, are not ex parte communications and do not need to be made a part of the record.

Notes

Ga. Comp. R. & Regs. R. 300-2-5-.04

O.C.G.A. Secs. 34-8-6, 34-8-8, 34-8-70, 34-8-174.

Original Rule entitled "Appeals to the Board of Review" was filed and effective on May 18, 1965 as Rule 300-1-5-.04, by filing of May 20, 1966; effective June 8, 1966, said Rule was renumbered as 300-2-5-.04. Amended: Rule repealed and a new Rule entitled "Claimant Eligibility Appeals to the Board of Review" adopted. Filed October 16, 1974; effective November 5, 1974. Amended: Rule repealed and a new Rule of same title adopted. Filed June 29, 1979; effective July 19, 1979. Amended: Rule repealed and a new Rule entitled "General Rules for Appeals Tribunal and Board of Review Appeals" adopted. Filed October 24, 1983; effective November 13, 1983. Amended: Filed January 9, 1989; effective January 29, 1989. Repealed: New Rule entitled "General Rules for Appeals to an Administrative Hearing Officer and Board of Reviews Appeals" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992. Amended: F. Jun. 25, 1998; eff. July 15, 1998.