Ga. Comp. R. & Regs. R. 45-3-.09 - Filing for Petitions for Hearing on Civil Penalty Determinations; Time for Filing Petitions; Content

(1) Any person upon whom the civil penalty is imposed may file a petition within thirty (30) days of the mailing of the notice of the civil penalty determination for a hearing before an administrative law judge assigned by the Office of State Administrative Hearings.

(2) An original and two copies of the petition for hearing shall be filed on 8 1/2 by 11 inch white paper with the Council. If the petition is timely filed, the Council will forward the petition to the Attorney General, who will forward it to the Office of State Administrative Hearings along with OSAH Form 1. Submissions shall be deemed filed on the date by which they are received by first-class mail by the Council. All submissions shall meet the applicable requirements of the OSAH Rules, Chapter 616-1-2.

(3) A petition for hearing shall contain

(a) a copy of the notice for which the hearing is sought,

(b) a statement of the facts on which the civil penalty is challenged,

(c) a statement of the legal authority and jurisdiction under which the hearing is requested,

(d) a statement of the relief requested,

(e) petitioner's full name and address,

(f) the name and address of the petitioner's counsel,

(g) the name and address of all interested persons who may testify.

(4) The hearing before the administrative judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the Georgia Council on American Indian Concerns and any party to the hearing, including the Council, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedures Act."

Notes

Ga. Comp. R. & Regs. R. 45-3-.09

O.C.G.A. §§ 50-13-22, 50-13-40(c), 44-12-264(b), 44-12-283.2.

New Rule entitled "Filing for Petitions for Hearing on Civil Penalty Determinations; Time for Filing Petitions; Contents of Petitions" adopted. F. May 18, 2012; eff. June 7, 2012.