Compilation of Rules and Regulations of the State of Georgia
Rule 672-7-.03 - Initial Hearing

Universal Citation: GA Rules and Regs r 672-7-.03

RULE 672-7-.03. Initial Hearing

The Department shall request an administrative hearing through the Office of State Administrative Hearings. The Administrative Law Judge (ALJ) shall under the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338, as amended), determine the applicability of the Department Rules and Georgia Law to the facts and issues presented at the administrative hearing. The ALJ shall issue an order which will become a final decision either at the end of thirty days if no appeal is sought, or after the final decision on agency review. If either party does not appear within fifteen minutes of the scheduled time or request a postponement in advance, the right to an administrative determination shall be forfeited. A judgment will be entered by default in accordance with O.C.G.A. ยง50-13-13(a)(4). Said default may, within fifteen (15) days from the date of the order, be opened for providential cause preventing the appearance of the party at the hearing at the assigned date and time, or for excusable neglect or when the ALJ in his discretion from all the facts shall determine that a proper case has been made for the default to be opened. If it is determined by the ALJ that justification does not exist for opening the default, the initial judgment shall stand as the final agency decision.

O.C.G.A. Secs. 32-2-2, 32-6-90, 50-13-4.

(Original Rule entitled "Subsequent Inspection; Legal Action" adopted. F. Dec. 2, 1976; eff. Dec. 22, 1976. Repealed: New Rule entitled "Initial Hearing" adopted. F. Sept. 24, 1980; eff. Oct. 14, 1980. Amended: F. June 24, 1988; eff. July 14, 1988. Repealed: New Rule of same title adopted. F. Feb. 22, 2005; eff. Mar. 14, 2005. Amended: F. Mar. 19, 2012; eff. Apr. 8, 2012.)
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