Ga. Comp. R. & Regs. R. 120-2-2-.45 - Interlocutory Review

1. Interlocutory review should be handled on an expedited basis.

2. A party that seeks interlocutory review of an adjudicator's decision, or part thereof, must file a petition with the Adjudicator. The petition must:

a. be filed with the Adjudicator within 10 days after the Adjudicator's decision;

b. designate the decision (or part thereof) from which review is sought; and

c. set forth the grounds on which review is sought, including all applicable points of fact and law, and the reasons why interlocutory review is warranted under Rule 120-2-2-.45(4).

3. Any party that opposes the petition may file a response within 5 days after service of the petition.

4. The Adjudicator must certify the ruling for interlocutory review by the Commissioner if the Adjudicator determines that:

a. the decision involves a controlling question of law about which there is substantial ground for difference of opinion; and

b. an immediate review will materially advance the completion of the adjudication, or subsequent review by Commissioner will provide an inadequate remedy.

5. Within 5 days after the Adjudicator's ruling on a petition to certify a decision under Rule 120-2-2-.45(2), the petitioner may apply to the Commissioner, whether or not the Adjudicator has certified the decision under Rule 120-2-2-.45(4), to allow the interlocutory review sought in the petition. The application must reference the petition filed under Rule 120-2-2-.45(2), all filings made with the Adjudicator in support of or in opposition to the petition, and the Adjudicator's decision on the petition. The application must not otherwise set forth the grounds on which interlocutory review is sought or contain any argument, unless the Commissioner orders otherwise. No response to any application made under this subsection may be permitted unless the Commissioner orders otherwise.

6. Any petition or application filed under this rule may be summarily dismissed whenever the Adjudicator or the Commissioner, respectively, determines that review is not appropriate.

7. The Adjudicator may, on his or her own motion, certify an order for interlocutory review under this rule in its discretion.

8. If the Commissioner decides to allow interlocutory review, the Commissioner must decide the matter on the basis of the administrative record and briefs submitted to the Adjudicator, without further briefs or oral argument, unless the Commissioner orders otherwise.

9. The filing of an application for interlocutory review and the certification of a ruling for interlocutory review does not stay proceedings before the Adjudicator unless (s)he or the Commissioner so orders.

Notes

Ga. Comp. R. & Regs. R. 120-2-2-.45

O.C.G.A. §§ 33-2-9, 33-2-21et seq.

Original Rule entitled "Interlocutory Review" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.