Compilation of Rules and Regulations of the State of Georgia
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:

1. a title which indicates the nature of the proceedings;

2. the complete name and address of the person or persons on whose behalf the request is filed;

3. the name and address of all other persons known to have a legal interest in the proceedings;

4. if the person or persons on whose behalf the request is filed are represented by counsel, the name and address of counsel;

5. a clear and concise statement of the facts upon which the contested case arises;

6. a prayer setting forth the relief sought;

7. a statement of the grounds upon which the person contends he is entitled to the relief sought.

(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.

1. A party who requests a hearing as provided in (a) above will be accorded a formal hearing pursuant to the Georgia Administrative Procedure Act. If a party desires, he may request an informal conference with the Secretary of State or a representative In lieu of or prior to a formal hearing.

2. The receipt by the Secretary of State of a written request for an informal conference will toll, until the date that such conference is scheduled by the Secretary of State, the running of the times for requesting and setting hearings. In determining the number of days which have run, neither the day on which the request for informal conference is received by the Secretary of State nor the day on which the conference is scheduled shall be counted.

(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.

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.