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-.08 - Ex Parte Communications

Universal Citation: GA Rules and Regs r 590-4-6-.08

Current through Rules and Regulations filed through March 20, 2024

(1) Commencing with the filing of a request for a hearing, no person shall communicate ex parte with the Hearing Officer relating to the merits of the proceeding without the knowledge and consent of all other parties to the matter until the matter is no longer pending in any administrative or judicial forum; provided that:

(a) Where circumstances require, ex parte communications for scheduling, administrative, or procedural requirements or purposes, or emergencies that do not deal with substantive matters or issues on the merits of the case are authorized; if:
1. The Hearing Officer reasonably believes that no party will gain procedural or tactical advantage as a result of the ex parte communication, and

2. If appropriate under the circumstances, the Hearing Officer makes provision promptly to notify all other parties of the substance of the ex parte communication and allows all other parties an opportunity to respond; and

(b) Ex parte communications shall not include normal and customary contact between the Commissioner and his or her staff not relating to the contested case.

(2) If the Hearing Officer receives a communication prohibited by this Rule, the Hearing Officer shall file with the Clerk any written communication received and a memorandum stating the substance of any oral communication received. The Clerk shall forthwith notify all parties of the receipt of such communication and its availability for inspection.

O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74.

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