Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS
Rule 590-4-6-.07 - Notice of Hearing

Universal Citation: GA Rules and Regs r 590-4-6-.07

Current through Rules and Regulations filed through March 20, 2024

(1) As soon as practicable after the receipt of a request for a hearing, either by the Respondent or the Commissioner'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. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74, 50-13-13.

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