Compilation of Rules and Regulations of the State of Georgia
Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS
Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS
Rule 45-3-.09 - Filing for Petitions for Hearing on Civil Penalty Determinations; Time for Filing Petitions; Content
Current through Rules and Regulations filed through March 20, 2024
(1) Any person upon whom the civil penalty is imposed may file a petition within thirty (30) days of the mailing of the notice of the civil penalty determination for a hearing before an administrative law judge assigned by the Office of State Administrative Hearings.
(2) An original and two copies of the petition for hearing shall be filed on 8 1/2 by 11 inch white paper with the Council. If the petition is timely filed, the Council will forward the petition to the Attorney General, who will forward it to the Office of State Administrative Hearings along with OSAH Form 1. Submissions shall be deemed filed on the date by which they are received by first-class mail by the Council. All submissions shall meet the applicable requirements of the OSAH Rules, Chapter 616-1-2.
(3) A petition for hearing shall contain
(4) The hearing before the administrative judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the Georgia Council on American Indian Concerns and any party to the hearing, including the Council, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedures Act."
O.C.G.A. §§ 50-13-22, 50-13-40(c), 44-12-264(b), 44-12-283.2.