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.
