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Chapter 112-4 HEARINGS

Rule 112-4-.01 Suspension or Withdrawal of Certificate

(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(2) If the Council has cause to believe that the certification of a coroner or deputy coroner should be suspended or withdrawn for a reason stated in Paragraph (1), the Council shall send a letter to the coroner or deputy coroner by certified mail to the last address of record in said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.

Rule 112-4-.02 Hearings

(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.

Rule 112-4-.03 Repealed

Rule 112-4-.04 Repealed

Rule 112-4-.05 Repealed

Rule 112-4-.06 Injunctions

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.

Rule 112-4-.07 Recertification Procedures

(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.