Ga. Comp. R. & Regs. R. 120-3-7-.10 - Procedures for the Presentation of Views or Hearings
(1) Request. Upon
receipt of a written request for a Presentation of Views or Hearing, the
Commissioner shall either grant the relief for which the Presentation of Views
or Hearing is requested or shall issue a notice under subparagraph (2) of this
Rule. A hearing shall be held only if the Commissioner shall find that the
request is made in good faith, that the applicant would be aggrieved and that
such grounds otherwise justify holding such hearing.
(2) Notice. When the Commissioner decides to
conduct a Presentation of Views or Hearing, the Commissioner shall provide
notice as follows:
(a) Notice shall be given
at least ten (10) days prior to the date of the proceeding. Notice shall be
provided to interested persons to the maximum extent practicable. Direct notice
shall be sent by certified mail to the parties involved in the
proceeding.
(b) The notice shall
include a statement of the time, place and nature of the proceeding; reference
to the authority under which the proceeding will be held; a statement of the
subject matter of the proceeding; the parties and issues involved; and a
statement of the manner in which interested persons shall be afforded the
opportunity to participate in the proceeding.
(c) The notice shall designate the official
who shall preside over the proceedings and to whom all inquiries should be
directed concerning such proceedings.
(d) The notice shall state whether the
proceedings shall be held in accordance with the provisions of paragraph (4)
"Presentation of Views"or paragraph (5) "Hearings"of this Rule .
(e) Notwithstanding any other provision, in
situations where persons otherwise would be entitled to notice or hearing prior
to an order, the Commissioner may issue an order to be effective immediately if
the Commissioner has reasonable cause to believe that an act, practice, or
transaction is occurring or is about to occur; that the situation constitutes a
situation of imminent peril to the public health, safety or welfare; and that
the situation therefore imperatively requires emergency action. The emergency
order shall contain findings to this effect and reasons for the determination.
The order shall contain or be accompanied by a notice of opportunity for
hearing which may provide that a hearing will be held if and only if a person
subject to the order requests a hearing within ten (10) days of receipt of the
order and notice.
(3)
Reporting and transcription. Oral proceedings shall be stenographically or
mechanically reported and transcribed, unless the Commissioner and the parties
otherwise agree, in which case a summary approved by the presiding officer
shall be kept. The original transcript or summary shall be a part of the record
and the sole official transcript or summary. The cost of such reporting and
transcription may, in the discretion of the Commissioner , be charged to the
party seeking a Presentation of Views or Hearing. A copy of the transcript or
summary shall be available to any person at a fee established by the
Commissioner .
(4) Presentation of
Views.
(a) A Presentation of Views may be
written or oral, and may include an opportunity for oral presentation, whether
requested or not, whenever the Commissioner concludes that an oral presentation
would be in the public interest, and so states in the notice. The purpose of
such presentations shall be to gather information to allow fully informed
decision making.
(b) Presentation
of Views shall not be adversary proceedings. Oral presentations shall be
conducted in an informal but orderly manner. The presiding officer shall have
the duty and authority to conduct a fair proceeding, to take all necessary
action to avoid delay, and to maintain order.
(c) In the absence of extraordinary
circumstances, an oral Presentation of Views shall not require that testimony
be given under oath or affirmation and shall not permit either
cross-examination of witnesses by other witnesses or their representatives, or
the presentation of rebuttal testimony by persons who have already testified.
The rules of evidence prevailing in courts of law or equity shall not control
the conduct of oral Presentation of Views.
(d) Within ten (10) days after a Presentation
of Views, the presiding officer shall refer to the Commissioner all documentary
evidence submitted, the transcript, if any, a summary of issues involved and
the information presented in the Presentation of Views and the presiding
officer's recommendations.
(e) The
Commissioner shall issue a Final Determination concerning the matters at issue
within thirty (30) days of receipt of the presiding officer's
summary.
(5) Hearings. A
Hearing is an adversary proceeding and includes an opportunity for the oral and
documentary presentation of evidence in accordance with the Georgia
Administrative Procedure Act (O.C.G.A. §
50-13-1et seq.),
the Georgia Insurance Code (O.C.G.A. §
33-2-1et seq.)
and Chapter 120-3-2 of the Rules and Regulations of Safety Fire Commissioner ;
except where such provisions are in direct conflict with the Act and the Rules
and Regulations promulgated in Title
24 C.F.R.
3282, Subpart D, adopted May 13, 1976, as
amended.
(6) Decision or Final
Determination. A Decision or Final Determination, issued by the Commissioner in
accordance with paragraphs (f) and (g) of 24 C.F.R. 3292.152, shall include:
(a) A written statement of findings of fact,
with specific references to principal supporting items of evidence in the
record and conclusions, as well as the reasons or basis therefore, upon all of
the material issues of law or discretion presented on the record ; and
(b) An appropriate order.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.