Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL
Rule 616-1-3-.23 - Procedure for Hearings and Trials
Current through Rules and Regulations filed through March 20, 2024
(a) In a hearing or trial conducted under this Chapter, a Tribunal Judge shall make an Independent determination on the basis of the competent evidence presented at the hearing or trial.
(b) If a party includes in its pleadings a challenge to the regularity of the process by which the Department reached a decision, a Tribunal Judge shall take evidence and reach a determination on such a challenge at the outset of the hearing. The party making such challenge shall have the burden of proof. If the Tribunal Judge finds the challenge meritorious, the Tribunal Judge may remand the matter to the Department for further review.
(c) A Tribunal Judge shall conduct a fair and impartial hearing, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. A Tribunal Judge may, among other things:
(d) When two or more parties have substantially similar interests and positions, a Tribunal Judge may limit the number of attorneys or other party representatives who will be permitted to cross-examine and to argue motions and objections on behalf of those parties. Attorneys may engage in cross-examination relevant to matters which the Tribunal Judge finds have not been adequately covered by previous cross-examination.
(e) A hearing or trial, or a portion thereof, 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.
O.C.G.A. §§ 50-13A-14, 50-13A-19.