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
finds 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 recorded 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 recording 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, the Georgia Insurance Code and Subject 120-2-2 of
the Rules and Regulations of Commissioner of Insurance; except where such
provisions are in direct conflict with the Act and the Rules and Regulations
promulgated in Title 24 C.F.R. Part 3282, Subpart D.
(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. Part 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.
(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.