Chapter 112-4 HEARINGS
| (1) |
The Council
shall have authority to suspend or withdraw a certified coroner or certified
deputy coroner under this rule pursuant to O.C.G.A. 45-16-65 upon a
determination by the Council that the certified coroner or certified deputy
coroner has:
| (a) |
Failed to obtain the required
amount of annual training hours as provided in the Rules and Regulations of the
Council. It shall be incumbent upon the certified coroner or certified deputy
coroner to demonstrate to the satisfaction of the Council that he meets all
annual training requirements. |
| (b) |
Committed a crime involving moral turpitude. The conviction of a crime
involving moral turpitude shall be conclusive of the commission of such
crime. |
| (c) |
Been convicted of a
felony in the courts of this state or any other state, territory, country, or
of the United States. |
| (d) |
Been
convicted of any criminal offense under the laws of this state, the United
States, or any other state involving the manufacture, distribution,
trafficking, sale or possession of a controlled substance or
marijuana. |
| (e) |
Become unable to
perform as a coroner or deputy coroner with reasonable skill and safety to
citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals,
or any other type of material or as a result of any mental or physical
condition. As used in this paragraph, the term "conviction of a felony" shall
include a conviction of an offense which if committed in this state would be
deemed a felony under either state or federal law without regard to its
designation elsewhere. As used in this paragraph, the term "conviction" shall
include a finding or a verdict of guilt, a plea of guilty, or a plea of nolo
contendere in a criminal proceeding. |
|
| (2) |
If the Council has cause to believe that
the certification of a coroner or deputy coroner should be suspended or
withdrawn for a reason stated in Paragraph (1), the Council shall send a letter
to the coroner or deputy coroner by certified mail to the last address of
record in said coroner's or deputy coroner's application file. Such letter
shall include the following:
| (a) |
A statement
of the facts asserted which support the suspension or withdrawal of
certification; |
| (b) |
A statement of
the rule the coroner or deputy coroner has allegedly violated; and |
| (c) |
Notice that a hearing request should be
directed to the secretary of the Council. A request for hearing is a clear
written expression by the affected party or authorized representative on his
behalf to the effect that he wants the opportunity to contest his case. Said
written expression shall be made within fifteen (15) calendar days of receipt
of notice of adverse action. The purpose of the hearing shall be to give the
coroner or deputy coroner an opportunity to appear before hearing officer to
present any evidence relative to the retention of his or her certification. If
no request for a hearing is received within the time period allowed, the
Council shall issue a final decision withdrawing or suspending certification of
the coroner or deputy coroner and advising the coroner or deputy coroner that
he must cease and desist the performance of duties of coroner or deputy
coroner. Once a final decision to withdraw or suspend certification of a
coroner or deputy coroner, a certified letter will be sent to the same. A
request for hearing shall be made within 15 days of receipt of the final
decision letter. If no response for a hearing is made within ten (10) working
days, the training Council shall view the lack of a response as a forfeiture of
certification. |
|
| (1) |
The Council or hearing officer designated
by the Council may deny or dismiss a request for a hearing for the following
reasons:
| (a) |
It has been withdrawn by the
affected party; |
| (b) |
If the affected
party or his representative fails to appear at a pre-hearing conference
scheduled for such affected officer; |
| (c) |
If the affected party or his
representative fails to appear at a hearing scheduled for such affected
officer. |
|
| (2) |
The hearing
officer shall have all of the power and authority set forth in O.C.G.A. Chapter
50-13 and may preside at any conferences, hearings, or Council
reviews. |
| (3) |
In the event that
either the affected party or the Council on its own motion moves to review the
decision of the hearing officer, the review shall be limited to the record
below. Oral argument shall be limited to fifteen (15) minutes per side. In the
event that either side wishes to present evidence outside of the record, a
written request to present such evidence must be filed at least ten (10) days
prior to Council review. A description of the evidence must accompany any
request and Council reserves the right to deny the presentation of additional
evidence. |
| (4) |
All appeals from
final Council actions shall be filed pursuant to the Georgia Administrative
Procedure Act. |
By holding a hearing, the Council does not waive its right to
seek injunctive relief as provided in O.C.G.A. 45-16-67.
| (1) |
Any coroner or
deputy coroner, whose certification has been withdrawn or suspended, may
petition the Council annually for recertification. The written petition to the
Council must contain the following information:
| (a) |
Name, Social Security number, present
address and telephone number of the petitioner. |
| (b) |
The reason(s) why the certification was
withdrawn. |
| (c) |
A statement clearly
outlining why the petitioner feels that a recertification is
justified. |
|
| (2) |
The
Council will review the petition at the next regular meeting and advise the
petitioner within ten (10) working days of the decision. In addition to any
other condition imposed by the Council, the coroner/deputy coroner whose
certification has been withdrawn or suspended must complete the basic training
course for coroners. |
