Ga. Comp. R. & Regs. R. 560-2-16-.02 - Nature of the Proceeding; Hearing Procedure; Burden of Proof
The hearings held under these Regulations shall only be as formal as is necessary to preserve order and be compatible with the principles of justice.
(1) Parties shall have the
right to be represented by legal counsel and to obtain the appearance of
witnesses and documentary evidence.
(2) The parties shall also have the right to
respond and present evidence on all issues involved and to cross examine all
witnesses.
(3) The standard of
proof on all issues in the hearing shall be a preponderance of the
evidence.
(4) In cases commenced by
the issuance of citations by the Department, the Department shall have the
burden of proof and shall present its case first.
(5) In cases involving the preliminary denial
of license applications or the seizure of alcoholic beverages, the applicant or
licensee shall have the burden of proof and shall present its case
first.
(6) In all other cases the
commencing party shall have the burden of proof and shall present its case
first.
(7) A hearing, or a portion
thereof, may be conducted by alternate means if the record reflects that all
parties have consented and that such procedure will not jeopardize the rights
of any party to the hearing. Alternate means, as used here, includes remote
telephonic communication methods such as two-way video-conferencing
applications.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.