Compilation of Rules and Regulations of the State of Georgia
Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES
Chapter 290-1 - ADMINISTRATION
Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING
Rule 290-1-1-.08 - Procedures

(1) The order of proof in the conduct of a hearing should be somewhat flexible. Generally the following procedure will be followed:

(2) Each party will be given a reasonable time in which to complete its case. The hearing will not be considered complete until both sides have been given a reasonable opportunity to complete their arguments. The party against whom the action is to be taken will generally be allowed the last closing argument.

(3) Formality of pleadings or format shall not be required. Unless otherwise specified, all papers may be filed in the hearing record by mailing or delivery, suitably marked for identification, to the Hearing Officer.

(4) Unless otherwise specified all notices, pleadings, motions, etc. may be served by regular U.S. Mail. Mailed documents will be considered as timely if postmarked within the applicable time period. The Hearing Officer may at his or her discretion consider papers filed late, balancing the reasons for the delay against the prejudice to the other parties. The Hearing Officer may request that any Departmental employee or any party hand-deliver any paper if the circumstances require such.

(5) The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by the Department in the normal course of its business.