Ga. Comp. R. & Regs. 616-1-2-.03

Current through Rules and Regulations filed through October 29, 2024

Rule 616-1-2-.03 - Commencing a Contested Case

(1)Agency Referrals. Except as provided in section (2) of this Rule, or unless otherwise provided by law, whenever an agency receives a request for a hearing in a contested case, the agency shall submit the hearing request to the Court within a reasonable period of time not to exceed thirty (30) calendar days after the agency's receipt of the request. The Chief Judge may prescribe the means by which referrals are accepted.

(2)Petition for Direct Appeal.

(a) If an agency fails to forward a hearing request to the Court within thirty (30) calendar days after receipt of the request, or a shorter period prescribed by law, the party requesting the hearing may file a petition for a direct appeal with the Court.

(b) The petition for direct appeal must include:

1. The petitioner's name and mailing address;

2. The name of the agency that received the petitioner's hearing request;

3. The date the petitioner submitted the hearing request to the agency; and

4. A brief description of the adverse action that prompted the petitioner's hearing request.

(c) A copy of the petition for direct appeal shall be sent to the agency. Unless otherwise ordered, the agency shall have ten (10) business days after receipt of the petition to respond to the petition for direct appeal.

(d) The Court shall issue a written determination granting or denying the petition within a reasonable time. The granting or denial of the petition shall be within the Court's discretion. However, the Court's determination shall not be based on the merits of the contested case.

(e) If the Court grants the petition for direct appeal, the Court shall schedule the petitioner's case for a hearing. If the Court denies the petition, a hearing will not be scheduled.

Ga. Comp. R. & Regs. R. 616-1-2-.03

O.C.G.A. §§ 50-13-40(c); 50-13-41.

Original Rule entitled "Hearings for the Department of Banking and Finance" adopted as ER. 616-1-2-0.2-.03. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.

Amended: Permanent Rule entitled "Request for OSAH to Conduct Hearings" adopted. F. June 30, 1995; eff. July 20, 1995.

Amended: Rule retitled "Referral of Cases to OSAH". F. Feb. 27, 1997; eff. Mar. 19, 1997.

Repealed: New Rule entitled "Referral Cases" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.

Amended: F. Feb. 8, 2019; eff. Feb. 28, 2019.

Amended: New title "Commencing a Contested Case." F. June 22, 2020; eff. July 12, 2020.