Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-9 - CHARITABLE SOLICITATION
Subject 590-9-1 - RULES OF GENERAL APPLICABILITY
Rule 590-9-1-.05 - Contested Cases
Current through Rules and Regulations filed through September 25, 2023
Contested cases shall be heard by the Secretary of State or the Division Director or any person authorized by law pursuant to the Code and/or Georgia Administrative Procedure Act and shall be conducted in accordance with the procedures provided therein and the following procedures:
(a) Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Secretary of State may do so by filing with the Secretary of State a request for hearing which shall contain the following:
(b) Request for hearing. To be entitled to a hearing as a matter of right, a person must, within ten (10) days of delivery of a notice of opportunity for hearing file with the Secretary of State a request for hearing as described in paragraph (a) above. At the discretion of the Secretary of State, extensions of time and amendments to requests may be allowed.
(c) Responses to requests for hearing. The Secretary of State will respond to all requests for hearings with a notice scheduling a hearing or with an order denying the request for hearing and stating the reasons for the denial.
(d) Motions. Any application to the Secretary of State to enter any order or to take any action after the filing of a request for hearing shall be by motion, which, unless made during a hearing, shall be made in writing, shall state specifically the grounds therefore, and shall set forth the action or order sought. No motions shall be ruled upon except when the case in chief is ruled upon unless the moving party specifically requests a ruling at some other time and the Secretary of State deems such ruling appropriate.
(e) Informal conferences.
(f) Any request for conference or hearing which is not in the form specified in paragraph (a) above and does not specifically request a formal hearing will be deemed a request for informal conference and shall be acted on as such.
O.C.G.A. Secs. 43-17-10, 43-17-16.
Original Rule entitled "Contested Cases" adopted as ER. 590-9-1-0.12-.05. F. and eff. July 1, 1988, the date of adoption.
Amended: Permanent Rule of same title adopted. F. Oct. 7, 1988; eff. Nov. 1, 1988, as specified by the Agency.
Repealed: New Rule of same title adopted. F. Feb. 26, 2004; eff. Mar. 17, 2004.