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-.12 - Prehearing Conferences

Universal Citation: GA Rules and Regs r 590-3-7-.12

Current through Rules and Regulations filed through September 23, 2024

(1) The Hearing Officer may, either on the Hearing Officer's own initiative or at the request of any party, direct the parties, their attorneys, or their duly authorized representatives to appear at a specified time and place for one or more conferences before or during a hearing or to submit written proposals or correspondence for the purpose of considering any of the matters set forth in paragraph (2) of this Rule. At the discretion of the Hearing Officer, prehearing conferences may be conducted in whole or in part via telephonically.

(2) In conferences held, or in proposals submitted, pursuant to paragraph (1) of this Rule, the following matters may be considered:

(a) settlement of the matter;

(b) use of a schedule for the completion of prehearing procedures and the submission and disposition of all prehearing motions;

(c) simplification, clarification, amplification, or limitation of the issues;

(d) the identification of documents expected to be tendered by any party;

(e) admissions and stipulations of facts and of the genuineness and admissibility of documents;

(f) the identification of persons expected to be called as witnesses by any party and the substance of their anticipated testimony;

(g) the identification of expert witnesses expected to be called by any party to testify and the substance of the facts and opinions to which the expert witness is expected to testify and a summary of the grounds for each opinion;

(h) matters of which official notice by the Hearing Officer is sought;

(i) objections to the introduction into evidence at the hearing of any written testimony, documents, papers, exhibits or other submissions proposed by any party; and

(j) such other matters as may expedite the adjudication of the matter or that the Hearing Officer otherwise deems appropriate.

(3) Based upon prehearing conferences or proposals submitted pursuant to paragraph (1) of this Rule, the Hearing Officer may issue a prehearing order containing the issues not disposed of by admissions or agreements of the parties, those facts in dispute and not in dispute, the witnesses and documents the parties intend to tender, the matters for which the parties seek official notice, and such other matters as may expedite the adjudication of the matter. Issues, factual matters, witnesses and documents not included in the prehearing order shall not be considered, allowed to testify, or admitted into evidence over the objection of any party unless the prehearing order is amended by the Hearing Officer. Amendments of the prehearing order may be made until the completion of the hearing for good cause shown including excusable neglect and to add newly discovered evidence or witnesses or to add rebuttal evidence or witnesses when the need for such could not have been reasonably foreseen prior to the entry of the prehearing order. In determining whether to allow an amendment to the prehearing order the Hearing Officer may consider the prejudice imposed upon the parties by the allowance or disallowance of the proposed amendment.

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

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.