Chapter 360-19 MOTIONS AND PRE-HEARING PROCEDURES
| (1) |
An application to the agency for an order
to take any action or to enter any order shall be made by motion which, unless
made during the hearing, shall be made in writing, shall state specifically the
grounds therefor, and shall set forth the action or order sought. A copy of all
written motions shall be served upon the parties in accordance with Chapter
360-20. |
| (2) |
A motion for a
continuance or an extension of time shall be ruled upon by the presiding
officer forthwith. All other motions shall be ruled upon by the presiding
officer at the outset of the hearing, after an opportunity for argument by the
parties; provided, however, that when the presiding officer is a duly appointed
hearing officer, the presiding officer may establish a hearing schedule and
dispose of motions at his discretion. The presiding officer may request briefs
in support of or in opposition to any motion. |
A motion for more definite statement shall be filed and ruled
upon pursuant to Rule
360-5-.01.
Proceedings before the agency shall be conducted as
expeditiously as possible, with due regard to the rights of the parties. In
contested cases before the Georgia Composite Medical Board, upon issuance of a
notice of hearing, the procedures set forth in this chapter and Chapters 360-17
through 360-26 shall enable the parties to obtain relevant information needed
for preparation of the case, to the extent that such disclosure is authorized
by law.
| (1) |
The parties shall within a reasonable
time prior to the commencement of the hearing, but at least ten (10) days prior
to the hearing, exchange lists of the names, addresses, and phone numbers of
witnesses, including experts, whom each party expects to call or may call on
its behalf. |
| (2) |
The parties shall
also, within a reasonable period of time prior to the hearing, exchange copies
of documents, and designate documents already in the possession of the other
party which are intended to be introduced as evidence at the hearing. The
parties shall similarly, upon request, make available to each other for
inspection, copying, testing or sampling any tangible item intended to be
introduced as evidence. |
| (3) |
Respondent shall be furnished, within a reasonable time prior to the
commencement of the hearing but at least ten (10) days prior to the hearing,
any written statements or other record memorializing oral statement made by the
Respondent during the course of the investigation. |
| (4) |
The parties shall be required to confer
either in person or by telephone, in reasonable advance of a scheduled hearing
date but at least seven (7) days prior to the hearing, in a good-faith attempt
to reach an agreement as to the admissibility of any documents or tangible
items intended to be offered in evidence for either side. The parties may
stipulate as to any matter of fact and such stipulation will satisfy a party's
burden of proving the fact alleged. The parties shall be encouraged to reach
pre-hearing stipulations which could facilitate adjudication of the case. The
hearing officer, upon his or her own motion or upon the request of either
party, may schedule a pre-hearing conference to hear and rule on motions or
other preliminary matters, or otherwise facilitate adjudication of the
case. |
Except as may be expressly authorized by these rules or by
statute, no other forms of pre-hearing discovery shall be authorized or
permitted including, but not limited to the following: interrogatories;
requests for production of documents and things; requests for physical or
mental examination; and requests for admission.
