Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS
Subject 590-3-7 - ADMINISTRATIVE HEARINGS
Rule 590-3-7-.07 - Notice of Hearing

Universal Citation: GA Rules and Regs r 590-3-7-.07

Current through Rules and Regulations filed through September 23, 2024

(1) As soon as practicable after the receipt of a request for a hearing, either by the Respondent or the Secretary of State's staff ("Staff"), and the filing of any responsive pleading(s), the Hearing Officer shall issue a notice of hearing, which shall include:

(a) the time, place, and nature of the hearing;

(b) the legal authority and jurisdiction pursuant to which the hearing was requested;

(c) the specific laws and rules involved;

(d) a short and plain statement of the matters asserted;

(e) the right of parties to subpoena witnesses and documentary evidence, to be represented by legal counsel, and to respond, and present evidence on, all issues involved; and

(f) the potential consequences of a failure by any Respondent to attend a hearing.

(2) If the Hearing Officer is unable to state the matters in detail on the basis of the pleadings filed, the notice may be limited to a statement of the issues involved. Thereafter, the Hearing Officer may require more detailed pleadings, and, upon the written application of a party, the Hearing Officer shall furnish, or shall require the appropriate party to furnish, a more detailed statement. The notice may incorporate by reference information set forth in the petition, the responsive pleading(s), a prehearing order, or any other material included in the record of the matter at issue.

O.C.G.A. Secs. 10-14-14, 10-14-23.

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