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

Universal Citation: GA Rules and Regs r 92-1-.05

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:

1. A title which indicates the nature of the proceedings;

2. The complete name and address of the party filing the request;

3. The name and address of all other interested parties;

4. A clear and concise statement of the facts upon which the contested case arises;

5. A prayer setting forth the relief sought;

6. If the party filing the request is represented by counsel, the name and address of counsel.

(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:

1. Requests for agency review shall be submitted in writing to the Bureau within thirty days from the date of the initial decision. No hearing shall be held if requested thereafter except where events uncontrollable by the aggrieved party are shown to have prevented a timely request. In this regard, the decision of the agency shall be final.

2. A party desiring agency review may submit to the agency written arguments, briefs and motions within the same limitations as prescribed for a request for agency review. On agency review, the appealing party shall not present arguments, briefs or motions to the agency except in writing as herein prescribed.

3. The agency decision on agency review shall be based solely on the record developed before the hearing officer and such arguments, briefs and motions as have been submitted in accordance with (b) above. No evidence will be received by the agency in any form.

4. If the party requesting agency review desires that the agency consider matters which are not a part of the record, the agency should be requested to remand the matter to the hearing officer for receipt of such additional evidence. Remands for the purpose of receiving additional evidence shall be granted only if deemed by the agency to be justified upon a showing that the evidence was not available at the time of the hearing, through no fault of the party requesting the remand, and could not have been made available by the exercise of reasonable diligence.

(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.

1. Cases in which agency review shall be given by the Director include, but are not limited to, those arising under Georgia Laws 1977, pp. 1164, 1168, as amended, (Ga. Code Ann. Chapter 91-A-63A).

2. The Director may, if he determines that conduct of agency review in any case in which he is the designated reviewing agency may involve exercise of a policy-making function, refer such case to the Board for agency review.

3. The agency may dispose of the case in any of the following ways:
(i) Affirm the initial decision of the hearing officer and adopt his findings and/or conclusions as is deemed appropriate;

(ii) Adopt a new decision based on the record;

(iii) Remand the case to the hearing officer for such further proceeding as the agency may order;

(iv) Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.

(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).

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