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-.44 - Powers of Administrative Law Judge

Universal Citation: GA Rules and Regs r 616-1-2-.44

Current through Rules and Regulations filed through March 20, 2024

(1) The Court shall have all the powers of the ultimate decision maker in the agency with respect to a contested case and the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13.

(2) The Court shall have the power to impose civil penalties for

(a) failing to obey any lawful process or order of the Court or any rule or regulation promulgated by the Court;

(b) failing to comply with subpoenas;

(c) any indecorous or improper conduct committed in the presence of the Judge; or

(d) submitting pleadings or papers for an improper purpose or containing frivolous arguments or arguments that have no evidentiary support.

(3) The Court may impose a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. Any violator who is assessed a civil penalty may also be assessed the cost of collection. All penalties and costs assessed shall be tendered and made payable to "the Office of State Administrative Hearings" and shall be deposited in the general fund of the state treasury.

(4) The Court shall have the power to issue writs of fieri facias to collect civil penalties and costs assessed, which shall be enforced in the same manner as a similar writ issued by a superior court.

O.C.G.A. §§ 50-13-40, 50-13-41.

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