Ga. Comp. R. & Regs. R. 350-4-.08 - The Administrative Law Judge
(1) Each request for hearing meeting the specifications of
Section 350-4-.06 shall be transmitted to an Administrative Law Judge appointed
under authority of the Commissioner to adjudicate the matter in dispute.
(2) The Administrative Law Judge shall be a competent,
qualified, and impartial individual who has not been involved in the action
which has given rise to the hearing request. The Administrative Law Judge shall
be an attorney who has a working knowledge of the Georgia Medicaid program
and/or administrative law and the ability to conduct hearings in a competent
manner. All Administrative Law Judges shall serve at the discretion of the
Commissioner, who shall maintain uniform criteria for assessing each
Administrative Law Judge's qualifications to serve.
(3) The Administrative Law Judge is vested with full authority
in the conduct of the hearing process, and is responsible for conducting
hearings in accordance with the Rules established by the Department.
(4) The Administrative Law Judge shall have the authority to do
the following:
(a) administer oaths and affirmations;
(b) sign and issue subpoenas;
(c) rule upon offers of proof;
(d) regulate the course of the hearing and govern the conduct
of the participants;
(e) rule on, admit, exclude, or limit evidence;
(f) examine witnesses;
(g) set the time and place for hearings and continuances
thereof and fix the time for filing briefs and other documents;
(h) rule on all motions;
(i) provide for the taking of testimony by deposition or
interrogatory;
(j) take official notice as prescribed in Rule 350-4-.19;
and
(k) take any other action appropriate to dispose of the case in
controversy.
Notes
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