Ga. Comp. R. & Regs. R. 391-1-2-.07 - Stay Pending Final Action

(1) Except as otherwise provided by law or regulation concerning a specific type of order or action taken by a Decision Maker, or by paragraphs (2) and (3) of this rule, any order or action of a Decision Maker shall be stayed upon the filing of a petition for review of the order or action pursuant to Rule 391-1-2-.03.

(2) When the filing of the petition is with the Director and by a person to whom the order or action is not directed and when the order or action involves the grant of a permit, permit amendment or variance, the filing shall stay such order or action of the Director only until such time as the hearing has been held and for ten days after the administrative law judge renders his or her decision on the matter. The hearing shall be held and the decision of the administrative law judge shall be rendered not later than 90 days after the date of the filing of the petition. Such period may be extended for a time certain by order of the administrative law judge upon consent of all parties or by order of the administrative law judge for good cause shown for a period not to exceed an additional 60 days.

(3) The following actions shall not stay the order or action of a Decision Maker.

(a) The filing of a petition with the Director by any person to whom such order or action is not directed in any case involving the grant of a permit, permit amendment, or variance by the Director regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105.

(b) The filing of a petition for hearing contesting any order issued or action taken by the Director pursuant to the Georgia Hazardous Site Response Act, O.C.G.A. § 12-8-90, et. seq. The filing shall not stay any further order or action by the Director, or any obligation imposed by the Georgia Hazardous Site Response Act, O.C.G.A. § 12-8-90, et seq., or the rules and regulations promulgated pursuant thereto, Department of Natural Resources Rules Chapter 391-3-19, except as provided in O.C.G.A. § 12-8-97(f).

Notes

Ga. Comp. R. & Regs. R. 391-1-2-.07

O.C.G.A. Secs. 12-9-40 et seq., 50-13-22.

Original Rule entitled "Amendments to Pleadings" adopted. F. July 29, 1982; eff. August 18, 1982. Repealed: New Rule entitled "Burdens of Persuasion and Going Forward" adopted. F. Mar. 12, 1985; eff. Apr. 1, 1985. Amended: ER. 391-1-2-0.39-.07 entitled "Stay Pending Final Action" adopted. F. June 25, 1998; eff. June 24, 1998, the date of adoption. Amended: Permanent Rule of same title adopted. F. Aug. 27, 1998; eff. Sept. 16, 1998. Repealed: New Rule of same title adopted. F. Dec. 21, 2005; eff. Jan. 10, 2006.