Compilation of Rules and Regulations of the State of Georgia
Department 539 - RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD
Chapter 539-4 - PROCEDURAL RULES
Rule 539-4-.02 - General Information

(1) The following rules govern prehearing and posthearing procedures in "contested cases" pending before the Georgia Real Estate Appraisers Board. The following rules do not apply to matter filed or pending before the Office of State Administrative Hearings.

(2) The Board shall maintain records indicating when it received all papers relating to every proceeding to which these rules apply.

(3) The office of the Board shall be open from 8:00 a.m. to 4:30 p.m. each weekday except Saturdays, Sundays, and legal holidays, and such other times as the Governor shall declare state offices closed.

(4) All documents, including requests for hearing or review of an initial decision, correspondence, motions, and pleadings related to matters pending before the Board and not pending before the Office of State Administrative Hearings, shall be filed with the Real Estate Commissioner, whose office is located at Suite 1000, International Tower, 229 Peachtree Street, N.E., Atlanta, Georgia 30303- 1605. Copies shall be furnished by the party filing said documents to all parties of record, including the attorney representing the Board.

(5) All communications, correspondence, motions, and pleadings in any proceeding shall be deemed to be filed or received on the date on which they are actually received by the Commissioner.

(6) Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the office of the Board is closed, the period shall run until the end of the following business day. When such period of time, with the intervening Saturdays, Sundays, and legal holidays counted, is seven (7) days or less, the said Saturdays, Sundays, and legal holidays shall be excluded from the computation; otherwise such days shall be included in the computation.

(7) It shall be within the discretion of the Board to extend, for good cause shown, any time limit prescribed or allowed by these rules. Extensions shall be granted only when the Board is satisfied that good cause has been shown and not otherwise.

(8) Every notice, pleading, motion, or other document filed by a party (other than the Board) represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name and the attorney's address and telephone number shall be stated. A party who is not represented by an attorney shall sign the pleading and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the pleading and that it is not interposed for delay.

(9) No person not employed by the Board shall communicate exparte with any member of the Board or any employee of the Board involved in the decisional process with respect to the merits of a contested case. If any ex-parte communication is directed to any person in violation of these rules, all parties shall be immediately informed of the substance of the communication and the circumstances of its receipt; provided, that a request for information with respect to the status of a proceeding shall not be prohibited by this section.

(10) Any applicant/appraiser named as a petitioner/respondent in a notice of hearing shall have the right to obtain a copy of the investigative record pertaining to the applicant/appraiser upon written request. That record shall be available to the applicant/appraiser or the applicant/appraiser's legal counsel at the Board office during regular business hours. Charges for copies of any material from the applicant/appraiser's investigative file shall be at a rate of $.25 per page with a minimum charge of $5.00. Any material from said investigative file to be mailed shall be mailed by certified mail or statutory overnight delivery, return receipt requested, at the applicant/ appraiser's expense.