Ga. Comp. R. & Regs. R. 513-7-1-.03 - Hearings Before the Board
(1) Unless otherwise provided by the Board,
each determination of the Board, with respect to eligibility for membership or
continued membership in the Fund, creditable service, eligibility for regular
retirement or disability retirement benefits, the amount of retirement
benefits, or the termination or suspension of benefits shall become final upon
the expiration of thirty (30) days after the date of such decision.
(2) Request for Hearing.
(a) If a person desires to appear before the
Board of Trustees, the request shall be made by letter, in a form prescribed by
the Board of Trustees, to the Executive Director. The party requesting a
hearing shall identify the issues for which a hearing is requested and the
action requested of the Board.
(b)
Upon determination by the Board of the date and time of the hearing, the
Executive Director shall give written notice of the time and date of the
hearing. The subject matter presented at that hearing shall be
complete.
(c) At any hearing before
the Board a person may retain legal counsel. Notice of such representation
shall be provided to the Board at least 15 days in advance of any scheduled
hearing.
(d) For the purpose of
receiving evidence to be presented before the Board, the Board may appoint a
hearing officer to receive such evidence and make a report thereof to the
Board. Prior to any decision in such case, the person requesting such a hearing
shall be entitled to make a closing argument before the Board of
Trustees.
(e) The decision of the
Board shall be final.
(3) No person shall be entitled to a second
hearing on the same question or subject matter unless new evidence relevant to
the subject matter in question shall be discovered. However, in all matters of
alleged newly discovered evidence, the person so claiming shall first submit
such evidence to the Board of Trustees, in writing, and, if said evidence has
sufficient merit to warrant a second hearing on the matter, the Board of
Trustees in its sole discretion may grant a second hearing.
Notes
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