Ga. Comp. R. & Regs. 391-1-2-.06

Current through Rules and Regulations filed through October 29, 2024

Rule 391-1-2-.06 - Referral of Petitions for Hearing to Office of State Administrative Hearings

Upon receipt of a timely petition for hearing, the Decision Maker shall forward the original and two copies of the petition to the Attorney General along with a request that an OSAH Form 1 be prepared and transmitted along with the petition for hearing to OSAH. Referral of a petition for hearing to OSAH is not a determination that the petition satisfied Rule 391-1-2-.04(4) above or that the petitioner is entitled to a hearing. Rather, referral of a petition for hearing to OSAH shall constitute a request that such issues be decided by the ALJ and a hearing conducted pursuant to state law, if appropriate.

Ga. Comp. R. & Regs. R. 391-1-2-.06

O.C.G.A. Sec. 50-13-22.

Original Rule entitled "Responsive Pleadings" adopted. F. July 29, 1982; eff. August 18, 1982.

Repealed: New Rule entitled "Petitions for Hearing and Responsive Pleadings" adopted. F. Mar. 12, 1985; eff. Apr. 1, 1985.

Amended: F. Apr. 24, 1987; eff. May 14, 1987.

Amended: F. Jan. 30, 1990; eff. Feb. 19, 1990.

Amended: ER. 391-1-2-0.39-.06 entitled "Referral of Petitions for Hearing to Office of State Administrative Hearings" 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.