Ga. Comp. R. & Regs. R. 120-2-2-.27 - Scheduling, Location, and Notice of Hearing
1. Unless the Department provides otherwise,
the Adjudicator is responsible for scheduling the hearing with due regard for
the convenience and expense to the parties, their representatives, and
witnesses, and the availability of suitable hearing facilities and other
relevant factors. The Adjudicator must provide written notice to all parties of
the time, place, and date for the hearing, the legal authority under which the
hearing is to be held, and the matters at issue, at least 10 days before the
date set for hearing. The hearing must be open to the public, unless the
Adjudicator orders otherwise.
2. A
request for a change in the time, place, or date of the hearing may be
entertained by the Adjudicator. A hearing may be postponed by the Adjudicator
for good cause, upon motion of a party or upon her/his own authority. A motion
to postpone a hearing must be received at least 5 days prior to the date set
for hearing. A motion for postponement received less than 5 days prior to the
scheduled hearing will generally be denied unless good cause is shown for late
filing.
3. At any time after
commencement of an adjudication, any party may move to expedite the scheduling
of a proceeding consistent with an agency's expedited hearing procedures. A
party moving to expedite a proceeding must:
a.
describe the circumstances justifying expedition, and
b. include affidavits to support any factual
representations with the motion.
4. Following timely receipt of the motion and
any responses, the Adjudicator may expedite pleading or filing schedules,
prehearing conferences, and the hearing, as appropriate.
5. If the Commissioner or the Adjudicator
finds that the public health, safety or welfare requires emergency action and
incorporates a finding to that effect, notice shall be given and an emergency
hearing will be held.
Notes
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