Ga. Comp. R. & Regs. R. 511-1-3-.39 - Appeals and Hearings
(1) Persons seeking to obtain or amend a
vital record may appeal the action or refusal to act of local custodians,
registrars, or employees of the Office of Vital Records, by filing an appeal in
writing with the State Registrar. The appeal must specifically identify the
employee or official involved, the action or refusal to act, and must state the
complainant's right or standing to complain of the action or
inaction.
(2) The State Registrar
will make such investigation of the appeal as is necessary to resolve the
matter. A written decision will be issued by the Registrar, except that the
State Registrar may appoint a special assistant to investigate and decide the
appeal in his or her name.
(3) The
appointment of a local registrar or local custodian may be revoked for cause in
the discretion of the State Registrar. A decision by the State Registrar to
revoke an appointment may be appealed by filing a request in writing with the
Department's Office of General Counsel within 30 days from the date of the
decision. The appeal must state the factual grounds in support of the claim
that the State Registrar has abused his or her discretion in rescinding the
appointment. The appeal shall be immediately referred to the Office of State
Administrative Hearings for hearing in accordance with Code Section
50-13-41. Prior to hearing by
OSAH, the appellant may request a conference with the State Registrar before a
member of the Board of Public Health appointed to serve as mediator. The
purpose of the conference is to discuss any issues in dispute, to present any
additional matters relevant to the State Registrar's decision, and to seek
settlement. As a result of the conference, the mediator may recommend that the
State Registrar's decision be affirmed, modified, or rescinded. If the matter
is not settled by agreement of the parties, then the matter shall proceed to
hearing before OSAH.
Notes
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