Ga. Comp. R. & Regs. R. 464-8-.03 - Pre-Hearings. Amended

1. Prior to referral to the Office of State Administrative Hearings, a pre-hearing conference will be held if the officer or applicant has made a request to be heard. The officer (and his or her counsel, if any), a member of the POST Council staff and an Assistant Attorney General may participate. The purpose of the conference is to discuss any issues in dispute and to provide the parties an opportunity to present any additional matters and/or evidence relevant to the sanction being imposed by the Council. As a result of the conference, the Pre-Hearings officer or Director of Operations, with the concurrence of the Executive Director, may recommend that the Council's sanction be modified. The Chairman of the Council, or the Vice-Chairman if the Chairman is unavailable, shall be authorized to approve such modifications and such modification becomes the recommendation of Council.

2. Following the pre-hearing, upon service of notice of the result of the pre-hearing conference, an officer or applicant, within thirty (30) calendar days, may request to be heard at a full hearing before the Office of State Administrative Hearings. This request must be made in writing, and must be accompanied by the administrative hearing fee set by Council. If said officer or applicant fails to request, within thirty (30) days, in writing, with the required fee, a full hearing at OSAH, then the notice of adverse action becomes final.

Notes

Ga. Comp. R. & Regs. R. 464-8-.03

O.C.G.A. § 35-8-7(23).

Original Rule entitled "Notice to Affected Party or Person" adopted. F. July 7, 1978; eff. July 27, 1978. Repealed: New Rule entitled "Hearing Officer" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988. Amended: F. May 25, 1993; eff. June 14, 1993. Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998. Repealed: New Rule entitled "Pre-Hearing Conferences" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008. Note: Prior to amendment effective Feb. 22, 2021, Rule title (i.e., following the rule number in the catchline) on website incorrectly cited as "Pre-Hearing Officer." Correct title was "Pre-Hearing Conferences," as published in the Official Compilation Rules and Regulations of the State of Georgia (F. Dec. 18, 2007; eff. Jan. 7, 2008). Effective Feb. 22, 2021. Amended: New title "Pre-Hearings. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.