Ga. Comp. R. & Regs. R. 295-13-.04 - Review of Initial Decision
(1) Either the Respondent or the Board may
seek review of the initial decision of the hearing officer pursuant to O.C.G.A.
50-13-17(a). If
the Respondent files a timely motion for review of the initial decision of the
hearing officer, the Respondent may include therein a statement of the reasons
for seeking review and alleged errors made by the hearing officer in the
initial decision. If the Board files a timely order for review of the initial
decision on its own motion, it may include in its order the issues to be
considered by the Board at the review hearing.
(2) Upon the filing of a timely motion by
Respondent seeking review of the initial decision of the hearing officer, or
upon the filing of a timely order for review of an initial decision by the
Board on its own motion, notice of the date and time for the review shall be
served on Respondent or counsel for Respondent and counsel for the
agency.
(3) The Board may appoint a
hearing officer for review, other than the hearing officer who entered the
initial decision, who shall preside over the review proceedings and control the
conduct of the review hearing. In acting as presiding officer, the hearing
officer for review shall rule on all procedural and evidentiary questions that
arise during the course of the review. At the direction of the Board, the
hearing officer for review shall draft the final decision for the
Board.
(4) On review, the Board
shall have all the powers it would have in making the initial decision, and in
its discretion shall have the power to take additional testimony or remand the
case to the original hearing officer for such purpose, as provided in the
Administrative Procedure Act, O.C.G.A.
50-13-17 and in accordance with
this Rule. The Respondent or Respondent's counsel and counsel for the Board
shall docket any motion, including motions to present additional evidence, at
least fourteen (14) days before the date set for the review hearing. Responses
to any such motions shall be docketed at least seven (7) days before the date
set for the review hearing.
(a) Motions to
present additional evidence or to remand the case to the original hearing
officer for such purpose shall be granted only if the additional evidence is
material and there was good cause for failing to present such evidence before
the original hearing officer. The hearing officer for review who acts as
presiding officer over the review proceedings shall enter an order as to the
legal sufficiency of all motions, including motions for the presentation of
additional evidence, prior to the review hearing.
(5) Oral argument up to 30 minutes per side
is permitted in the review hearing. Additional time for argument must be
requested in writing and docketed at least fourteen (14) days before the date
set for the review hearing.
(6)
Once the review hearing is concluded, the Board shall deliberate as to the
final decision. Neither the hearing officer for review nor the parties nor
their counsel shall be present during or participate in the deliberations or
voting on the final decision. Provided, however, that during the course of the
deliberations the Board may seek or obtain legal advice of its counsel or make
an inquiry on the record concerning either procedure or the merits of the case
in the presence of all parties.
(a) At the
conclusion of the deliberations, the decision of the Board shall be announced
in open session, unless the sanction imposed by the decision is made
confidential by statute, in which case it shall be announced in camera to the
Respondent and counsel for the parties. The Board may take the matter under
advisement and continue the deliberations until a date certain if deemed
necessary due to the Board's agenda or the complexity of the issues.
Notes
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