Ga. Comp. R. & Regs. R. 350-4-.19 - Pleadings and Amendments; Automatic Filings

(1) The notice of adverse action issued by the Department and the request for hearing submitted by the provider shall constitute the pleadings in each contested case and automatically shall be included in the Record. The pleadings shall be transmitted by the Department to the Administrative Law Judge at the time of the Administrative Law Judge's appointment to the case.

(2) Any party may amend any pleading without leave of the Administrative Law Judge until the tenth day prior to the date set for the hearing on the matter. Thereafter a party may amend its pleadings only by written consent of the adverse party or by leave of the Administrative Law Judge. Leave shall be freely given when justice so requires. If an amendment is made to any pleading to which a response or reply is necessitated, a response or reply to such amendment shall be filed within ten days after service of the amended request or as otherwise ordered by the Administrative Law Judge.

(3) Copies of the notice of proposed adverse action issued by the Department and the request for Administrative Review filed by the provider which preceded the Pleadings shall be filed automatically by the Department with the Administrative Law Judge upon his appointment. Such filings shall include all supporting documentation transmitted therewith. All documents so filed shall automatically become part of the Record.

Notes

Ga. Comp. R. & Regs. R. 350-4-.19

O.C.G.A. Sec. 49-4-142(a), 153.

Original Rule entitled "Pleadings and Amendments; Automatic Filings" adopted as ER. 350-4-0.4-.19. 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 Repealed: Permanent Rule of same title adopted.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.