Ga. Comp. R. & Regs. R. 350-4-.06 - Dismissal of Hearing Requests

The Administrative Law Judge may dismiss a request for a hearing for the following reasons:

(a) it has been withdrawn by the provider in writing;

(b) there is no genuine issue of law or fact which requires a hearing determination;

(c) the provider without good cause therefor fails to appear in person by an authorized representative at the scheduled hearing, or the Administrative Law Judge determines that the provider's failure to comply with his directives or orders constitutes an abandonment of the request;

(d) there is a lack of jurisdiction over the subject matter or the parties;

(e) the party requesting the hearing has not been aggrieved;

(f) the parties have settled the matter prior to issuance of the Administrative Law Judge's decision;

(g) at the request of any party or on his own motion, the Administrative Law Judge determines that the requesting party has not met the prerequisites for obtaining a hearing, the case is not ripe for an Administrative Law Judge's determination, or the case has been rendered moot.

Notes

Ga. Comp. R. & Regs. R. 350-4-.06

Ga. L. 1977, p. 384, et seq.; O.C.G.A. Sec. 49-4-142(a), 153.

Original Rule was filed on April 11, 1978; effective May 1, 1978. Repealed: ER. 350-4-0.4-.06 adopted. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency. Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.