Ga. Comp. R. & Regs. R. 570-1-.05 - Contested Cases Under the Administrative Procedure Act

The hearing and appeal procedures provided for in the Georgia Administrative Procedure Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedure Act. Contested cases heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided herein and the following procedures:

(a) Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Department may do so by filing with the Department a request for hearing which shall contain the following:
1. A title which indicates the nature of the proceedings;
2. The complete name and address of the party filing the request;
3. The name and address of all other interested parties;
4. A clear and concise statement of the facts upon which the contested case arises;
5. The legal authority under which the appeal is filed, including all code sections;
6. A prayer setting forth the relief sought;
7. If the party filing the request is represented by counsel, the name and address of counsel.
(b) All requests for a hearing must be signed by the party requesting the hearing or by party's counsel, if represented by counsel.
(c) Limitation on right to a hearing. The Department will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, in its discretion, allow extensions of time and amendments of requests for good cause shown.
(d) Upon receipt of a timely, properly filed request for a hearing, the Department will forward the request and all pertinent documents to the Georgia Office of State Administrative Hearings in accordance with that agency's rules.
(e) Hearings. All hearings will be held in accordance with all applicable statutes and with the rules of the State Office of Administrative Hearings and the Board of Public Safety.
(f) Final decisions. Pursuant to O.C.G.A. § 50-13-41(e)(3), the final decisions of the Office of State Administrative Hearings, will become the final decision of the Department of Public Safety or its Commissioner without further action and without the expiration of any further review period in appeals in the following matters:
1. Overweight Assessment Citations (O.C.G.A. § 32-6-27 (a.1)).
(g) Conduct of agency review.
1. Except for those cases where the decision of the Administrative Law Judge is the final agency decision under subsection (f) of this rule, there shall be available an agency review of the decision of the Administrative Law Judge.
2. Agency review shall be conducted by the Commissioner in all cases which do not require an exercise of the policy-making functions of the Department. All cases which do require an exercise of the policy-making functions of the Department shall be reviewed by the Board.
3. The Commissioner may, if he determines that conduct of agency review in any case in which he is the designated reviewing agency may involve exercise of a policy-making function, refer such case to the Board for agency review.
4. The agency may dispose of the case in any of the following ways:
(i) Affirm the initial decision of the hearing officer and adopt his findings and/or conclusions as is deemed appropriate;
(ii) Adopt a new decision based on the record;
(iii) Remand the case to the hearing officer for such further proceedings as the agency may order;
(iv) Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.
(h) Practice on agency review in cases not covered by subsection (f) of this rule. The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:
1. Requests for agency review shall be submitted in writing to the Department of Public Safety within thirty days from the date of the initial decision. No hearing shall be held if requested thereafter except where events uncontrollable by the aggrieved party are shown to have prevented a timely request. In this regard, the decision of the agency shall be final.
2. A party desiring agency review may submit to the agency written arguments, briefs and motions within the same limitation as prescribed for a request for agency review. On agency review, the appealing party shall not present arguments, briefs, or motions to the agency except in writing as herein prescribed.
3. The agency decision on agency review shall be based solely on the record developed before the hearing officer and such arguments, briefs and motions as have been submitted in accordance with (c) above. No evidence will be received by the agency in any form.
4. If the party requesting agency review desires that the agency consider matters which are not part of the record, the agency should be requested to remand the matter to the hearing officer for receipt of such additional evidence. Remands for the purpose of receiving additional evidence will be granted only if deemed by the agency to be justified upon a showing that the evidence was not available at the time of the hearing, through no fault of the party requesting the remand, and could not have been made available by the exercise of reasonable diligence.
(i) Rehearings. Motions to reconsider an agency decision or ruling must be received at Department of Public Safety Headquarters within ten (10) days after the decision or ruling is rendered.
(j) Any appeals to the superior court from a final agency decision under the Administrative Procedure Act shall be served on the Department by personal service to the Legal Services Section of the Department of Public Safety at 959 E. Confederate Avenue, SE, Atlanta, Georgia 30316, or by mail to the Department of Public Safety, Legal Services Section, P.O. Box 1456, Atlanta, Georgia 30371-2303. Service on any other person, agency, or entity shall not be considered service on or notice to the Department of the action for the purpose of appeals of contested cases under the Administrative Procedure Act. The party or counsel shall also furnish a copy of the appeal by mail to the Office of State Administrative Hearings and to the Department of Law, Public Safety Section, 40 Capitol Square, SW, Atlanta, Georgia 30334-1300.
(k) In hearings conducted pursuant to O.C.G.A. § 40-5-67.1(g), the arresting law enforcement officer may act on behalf of the Department as the complainant.

Notes

Ga. Comp. R. & Regs. R. 570-1-.05
O.C.G.A. Secs. 40-5-4, 40-5-67.1, 43-16et seq., 50-13, 50-13-41.
Original Rule entitled "Hearings in Contested Cases" adopted. F. and eff. July 20, 1965. Repealed: New Rule entitled "Contested Cases Under the Administrative Procedure Act" adopted. F. Mar. 20, 1973; eff. Apr. 9, 1973. Amended: F. Dec. 11, 1975; eff. Dec. 31, 1975. Amended: F. June 5, 1987; eff. June 25, 1987. Repealed: New Rule of same title adopted. F. July 14, 1995; eff. August 3, 1995. Amended: F. Aug. 18, 1997; eff. Sept. 7, 1997. Amended: F. Nov. 18, 1998; eff. Dec. 8, 1998. Amended: F. July 1, 1999; eff. July 21, 1999. Amended: F. Aug. 8, 2001; eff. Aug. 28, 2001. Amended: F. Sept. 18, 2003; eff. Oct. 8, 2003. Amended: F. Apr. 21, 2006; eff. May 11, 2006. Amended: F. Oct. 29, 2014; eff. Nov. 18, 2014.

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