Compilation of Rules and Regulations of the State of Georgia
Department 92 - GEORGIA BUREAU OF INVESTIGATION
Chapter 92-1 - RULES OF GENERAL APPLICABILITY
Rule 92-1-.05 - Contested Cases Under the Administrative Procedures Act
Current through Rules and Regulations filed through December 18, 2024
The hearing and appeal procedures provided for in the Georgia Administrative Procedures Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedures Act. Contested cases heard pursuant to the Georgia Administrative Procedures Act shall be conducted in accordance with the procedures provided herein and the following procedure:
(a) Any person who is legally entitled to contest a ruling or order of the Bureau may do so by filing with the Bureau a request for hearing which shall contain the following:
(b) The Bureau will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, at its discretion, allow extensions of time and amendments of requests for good cause shown.
(c) Any application to the Bureau to enter any order 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 therefor, and shall set forth the action or order sought. No motion shall be ruled upon except when the entire case is ruled upon unless the moving party specifically requests a hearing at some other time and the agency deems such ruling appropriate.
(d) Hearings in all contested cases shall be conducted before a hearing officer appointed by the Bureau. Upon conclusion of the hearing, the hearing officer shall prepare an initial decision, a copy of which shall be mailed to the party requesting the hearing.
(e) The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:
(f) Agency review shall be conducted by the Director in all cases which do not require an exercise of the policy-making functions of the Bureau. All cases which do require an exercise of the policy-making functions of the Bureau shall be reviewed by the Board.
(g) Motions to reconsider an agency decision or ruling must be received at Georgia Bureau of Investigation Headquarters within ten (10) days after the decision or ruling is rendered.
Ga. L. 1937, pp. 322, 340, as amended (Ga. Code Ann. Chapter 92A-3), Ga. L. 1974, pp. 109, 112 (Ga. Code Sections 40-35212 to 40-35220), Ga. L. 1964, pp. 338, 356, as amended (Ga. Code Ann. Title 3A), Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann. Chapter 92A-63A).