Ga. Comp. R. & Regs. R. 672-1-.05 - Contested Cases Under the Administrative Procedure Act

The hearing and appeal procedures provided for in the Georgia Administrative Procedure Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedure Act and in cases where no procedure is specified by law. Contested cases, including appeals to the Commissioner demanding return of monies collected under the provisions of Code Section 32-6-27, O.C.G.A., heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided therein and the following procedures:

(a) Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Department may do so by filing with the Department a request for hearing which shall contain the following:

1. A title which indicates the nature of the proceedings;

2. The complete name and address of the party filing the request;

3. The name and address of all other interested parties;

4. A clear and concise statement of the facts upon which the contested case arises;

5. A prayer setting forth the relief sought; and

6. If the party filing the request is represented by counsel, the name and address of counsel.

(b) Limitation on right to a hearing.

1. The Department will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, in its discretion, allow extensions of time and amendment of requests for good cause shown, except where an extension of time for a request for a hearing is not permitted by law.

2. Limitation on right to a hearing in cases involving over weight vehicle enforcement statutes. The Department will grant an agency review as a matter of right only upon a timely receipt of a request as prescribed in Georgia Laws 1974, p. 1422, but may, in its discretion, allow extensions of time and amendments of request for good cause shown except where an extension of time for a request for a hearing is not permitted by law.

(c) Responses to requests for hearing. The Department will respond to all requests for hearings with a notice scheduling a hearing or with an order denying the request for hearing and stating the reasons for a denial.

(d) Motions. Any application to the Department to enter any order or take any action after the filing of a request for hearing shall be by motion which, unless made during a hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. No motion shall be ruled upon except when the case in chief is ruled upon unless the moving party specifically requests a ruling at some other time and the agency deems such ruling appropriate.

(e) Hearings. Hearings in all contested cases shall be conducted before a hearing officer appointed by the Department. Upon conclusion of a hearing, the hearing officer shall prepare an initial decision, a copy of which shall be mailed to the party requesting the hearing. Such a decision on bidder prequalification will be mailed no later than ten (10) days after the hearing.

(f) Practice on agency review. The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:

1. Requests for agency review shall be submitted in writing to the Department within thirty days from the date of the initial decision. No review shall be held if requested thereafter except where events uncontrollable by the aggrieved party are shown to have prevented a timely request. In this regard, the decision of the agency shall be final.

2. A party desiring agency review may submit to the agency written arguments, briefs and motions within the same limitations as prescribed for a request for an agency hearing. On agency review, both parties shall be allowed to present oral arguments if requested by either party.

3. The agency decision on agency review shall be based solely on the record developed before the hearing officer and such arguments, briefs, and motions as have been submitted in accordance with subsection (f)2. above. No new evidence will be received by the agency in any form.

4. If the party requesting agency review desires that the agency consider matters which are not part of the record, the agency should be requested to remand the matter of the hearing officer for receipt of such additional evidence. Remands for the purpose of receiving additional evidence will be granted only if deemed by the agency to be justified upon a showing that the evidence was not available at the time of the hearing, through no fault of the party requesting the remand, and could not have been made available by the exercise of reasonable diligence.

(g) Conduct of agency review.

1. Agency review shall be conducted by the Commissioner, or either the Deputy Commissioner or the State Highway Engineer upon designation by the Commissioner, in all cases which do not require an exercise of the policy-making functions of the Department. All cases which do require an exercise of the policy-making functions of the Department shall be reviewed by the Board.

2. The Commissioner may, if he determines that conduct of agency review in any case may involve exercise of a policy-making function, refer such case to the Board for agency review.

3. The Agency may dispose of the case in any of the following ways:

(i) Affirm the initial decision of the hearing officer and adopt his findings and conclusions as is deemed appropriate;

(ii) Adopt a new decision based on the record;

(iii) Remand the case to the hearing officer for such further proceedings as the Agency may order; or

(iv) Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.

(h) Rehearings. Motion to reconsider an agency decision or ruling must be received at Department of Transportation Headquarters within ten (10) days after the decision or ruling is rendered.

Notes

Ga. Comp. R. & Regs. R. 672-1-.05

Sec. 32-6-27(c), O.C.G.A.; Sec. 32-2-2(b), O.C.G.A. (Ga. L. 1973, pp. 947, 982); Sec. 50-13-4, O.C.G.A.

Original Rule entitled "Contested Cases Under the Administrative Procedure Act" was filed on August 9, 1973; effective August 29, 1973. Amended: Filed July 15, 1974; effective August 4, 1974. Amended: Filed August 10, 1977; effective August 30, 1977. Amended: Filed September 30, 1979; effective October 10, 1979. Amended: Emergency Rule 672-1-0.18 was filed on January 25, 1983; effective January 20, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding the Emergency Rule, as specified by the Agency (Said Emergency Rule repealed subparagraph 672-1-.05(g)1. and adopted a new subparagraph 672-1-0.18-.05(g) 1. Amended: Emergency Rule 672-1-0.18 repealed and permanent subparagraph (g)1. adopted. Filed March 28, 1983; effective April 17, 1983. Amended: Filed July 24, 1987; effective August 13, 1987.