Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE
Rule 616-1-2-.22 - Hearing Procedure
Current through Rules and Regulations filed through December 27, 2023
(1) The Court shall conduct a fair and impartial hearing, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. The Court may, among other things
(2) When two or more parties have substantially similar interests and positions, the Court may limit the number of attorneys or other party representatives who will be permitted to cross-examine witnesses and argue motions and objections on behalf of those parties. Attorneys may engage in cross-examination relevant to matters which the Court finds have not been adequately covered by previous cross-examination.
(3) Whenever any party raises issues under either the Georgia Constitution or United States Constitution, the sections of any laws or rules constitutionally challenged and any constitutional provisions such laws or rules are alleged to violate must be stated with specificity. In addition, an allegation of unconstitutionality must be supported by a statement either of the basis for the claim of unconstitutionality as a matter of law or of the facts under which the party alleges that the law or rule is unconstitutional as applied to the party. Although the Court is not authorized to resolve constitutional challenges to statutes or rules, the Court may, at its discretion, take evidence and make findings of fact relating to such challenges.
(4) A hearing may be conducted by alternate means if the record reflects that all parties have consented and that the alternate means will not jeopardize the rights of a party to the hearing. In the Court's discretion, a portion of a hearing may be conducted by remote telephonic communication, including but not limited to the use of two-way video-conferencing.
(5) If any person commits any of the following actions, the Court may certify the facts to the superior court of the county where the offense occurred, for a determination of the appropriate action, including a finding of contempt:
O.C.G.A. §§ 50-13-13(a)(1), (a)(6), (b); 50-13-15(1) -(3), (5); 50-13-40(c); 50-13-41(a)(2)-(3).
Original Rule entitled "Hearings for the Department of transportation" adopted as ER. 616-1-2-0.2-.22. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.
Amended: Permanent Rule entitled "Hearing Procedure" adopted. F. June 30, 1995; eff. July 20, 1995.
Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.
Amended: F. May 21, 2014; eff. June 10, 2014
Amended: F. June 22, 2020; eff. July 12, 2020.