Rule 60-2-1-.31 - Conduct of the Hearing(1) An oral hearing shall be conducted in a manner designed to encourage a full and complete disclosure of the facts and to afford each party the opportunity to present evidence and make legal arguments. The hearing procedure contemplates that all parties will appear in person. However, a party may participate by telephone, if good cause can be shown why a personal appearance is not feasible or if all parties consent. The party asking to participate by telephone shall have a notary public present during the hearing to identify the person and to administer the oath for oral testimony, and shall bear all costs associated with participation by telephone.(2) The arbitrator(s) shall conduct the hearing, maintain decorum at all times, and ensure that the hearing proceeds in an equitable, orderly, and expeditious manner. All parties shall comply with the rulings made by the arbitrator(s).(3) The hearing shall be open to the public as reasonable accommodations permit. The arbitrator(s) may warn, and thereafter exclude, any party, attorney, witness or observer who is disruptive to the orderly conduct of the hearing. The person may be readmitted upon the cessation of the disruptive behavior and upon reassurance by the person that it will not continue. After a warning to the person, the arbitrator(s) may adjourn any hearing which becomes unmanageable due to the disruptive behavior of that person. Such adjournment shall be considered a dismissal with prejudice if primarily caused by the consumer, and a default without good cause if primarily caused by the manufacturer.(4) The arbitrator or chairperson, if three (3) arbitrators conduct the hearing, will open the hearing by stating on the record the case number; the place, time and date of the hearing; the identity of the arbitrator(s) and panel staff; and, the names of the parties and their attorneys, if any. The arbitrator or chairperson will ask the parties to identify their witnesses, if any, and will explain the procedures to be followed during the hearing. Oral testimony will be taken upon oath or affirmation.(5) Each party shall have the right to appear and present evidence, cross-examine witnesses and enter objections, make arguments and exercise all other rights essential to a fair hearing. The formal rules of evidence shall not apply. The parties may introduce any relevant evidence that will assist the arbitrator(s) in making a decision. The arbitrator(s) may exclude irrelevant, immaterial, or unduly repetitious evidence.(6) The consumer shall present his or her evidence and witnesses. The manufacturer shall present its evidence and witnesses. After the manufacturer completes its presentation, the consumer will be given the opportunity to offer evidence or testimony to refute the manufacturer's assertions. The arbitrator(s) may vary the presentation of evidence if necessary to more fully develop the facts. Each party may question the other after each presentation, and may question each witness after testimony. The arbitrator(s) may restrict any questioning that is outside the scope of the hearing. The arbitrator(s) may question any party or witness at any time.(7) The arbitrator(s) may receive and consider evidence of a witness not present at the hearing by affidavit and shall give any affidavit such weight as may be deemed appropriate after consideration of any objections made to its submission.(8) The arbitrator(s) may personally examine or participate in a test drive of the consumer's vehicle. The hearing will be temporarily suspended and the examination or test drive will be conducted off the record. All parties shall be allowed to be present during examination of the vehicle. After the examination and/or test drive, the arbitrator(s) will reconvene the hearing procedure, go back on the record, and describe what was observed during the examination or test drive. Each party or witness who participated in the examination shall be given the opportunity to testify.(9) Each party shall be allowed to present a closing argument. The arbitrator(s) may request additional evidence at the time of or after the closing of the hearing. All additional evidence shall be submitted to the panel and copies disseminated to all parties.(10) The arbitrator(s) shall ensure that a mechanical or electronic record of the hearing is maintained.Ga. Comp. R. & Regs. R. 60-2-1-.31
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Conduct of the Hearing" adopted. F. May 16, 2016; eff. June 5, 2016.