Chapter 360-26 BRIEFS AND POST HEARING PROCEDURE
Briefs may be filed by a party or any interested
person either before or during the course of the hearing, or within
such time thereafter as the Board or its designee shall designate.
Failure to file a brief shall in no way prejudice the rights of any
party.
| (1) |
Upon
request, the Board or its designee may, for good cause shown, allow
the parties to file evidentiary documents of any kind, or exhibits,
at a time subsequent to the completion of the hearing, such time to
be determined by the Board or its designee. If a request for such
subsequent filing is granted, the requesting party shall, on or
before the date set for filing, send copies of all documents or
exhibits which are subject of the request to all other
parties. |
| (2) |
Prior to the
admission into evidence of any documents or exhibits filed subsequent
to the hearing, the opposing party shall have ten (10) days from the
date of service of copies of such proposed documents or exhibits to
file any objections to the admission of such evidence. |
A party may, at any time prior to the rendering of a
final decision by the agency, move that the hearing be reopened for
the purpose of receiving new evidence. Such motions shall be filed in
accordance with the provisions of Rule
360-19-.01 and shall be
granted only for good cause shown. The agency shall notify all
parties of its action upon the motion. Notwithstanding the above, the
agency may at any time prior to the rendering of a decision, reopen
the hearing on its own motion.
| (1) |
Either the Respondent or the
Board may seek review of the initial decision of the hearing officer
pursuant to O.C.G.A.
50-13-17(a).
If the Respondent files a timely motion for review of the initial
decision of the hearing officer, the Respondent may include therein a
statement of the reasons for seeking review and alleged errors made
by the hearing officer in the initial decision. If the Board files a
timely order for review of the initial decision on its own motion, it
may include in its order the issues to be considered by the Board at
the review hearing. |
| (2) |
Upon the filing of a timely motion by Respondent seeking review of
the initial decision of the hearing officer, or upon the filing of a
timely order for review of an initial decision by the Board on its
own motion, notice of the date and time for the review shall be
served on Respondent or counsel for Respondent and counsel for the
agency. |
| (3) |
The Board may
appoint a hearing officer for review, other than the hearing officer
who entered the initial decision, who shall preside over the review
proceedings and control the conduct of the review hearing. In acting
as presiding officer, the hearing officer for review shall assist the
Board in its ruling on procedural and evidentiary questions that
arise during the course of the review. At the direction of the Board,
the hearing officer for review shall draft the final decision for the
Board. |
| (4) |
On review, the
Board shall have all the powers it would have in making the initial
decision, and in its discretion shall have the power to take
additional testimony or remand the case to the original hearing
officer for such purpose, as provided in the Administrative Procedure
Act, O.C.G.A.
50-13-17
and in accordance with this Rule. Motions, including motions to
present additional evidence, shall be filed in accordance with the
time periods for such motions set forth in the Order scheduling the
review.
| (a) |
Motions to present
additional evidence or to remand the case to the original hearing
officer for such purpose shall be granted only if the additional
evidence is material and there was good cause for failing to present
such evidence before the original hearing officer. All motions,
including motions for the presentation of additional evidence, shall
be ruled on by the Board, prior to oral arguments during the review
hearing. |
|
| (5) |
Oral argument up to 30 minutes per side is permitted in the review
hearing. Additional time for argument must be requested in writing
and docketed at least fourteen (14) days before the date set for the
review hearing. |
| (6) |
Once
the review hearing is concluded, the Board shall deliberate as to the
final decision. Neither the hearing officer for review nor the
parties nor their counsel shall be present during or participate in
the deliberations or voting on the final decision. Provided, however,
that during the course of the deliberations the Board may seek or
obtain legal advice of its counsel or make an inquiry on the record
concerning either procedure or the merits of the case in the presence
of all parties.
| (a) |
At the
conclusion of the deliberations, the vote and decision of the Board
shall be announced in open session, unless the sanction imposed by
the decision is made confidential by statute, in which case it shall
be announced in camera to the Respondent and counsel for the parties.
The Board may take the matter under advisement and continue the
deliberations until a date certain, if deemed necessary, due to the
Board's agenda or the complexity of the issues. |
|
Any party may file a motion for rehearing of a final
decision of the Board within ten (10) days after the date of actual
service of such final decision on the Respondent or Respondent's
counsel. Such motion shall be in accordance with Rule
360-19-.01 and, in
addition, shall include a statement of all matters alleged to have
been erroneously decided and, if applicable, a statement as to any
newly discovered matters or circumstances that have arisen subsequent
to the final decision. The filing of said motion shall not operate as
a stay of the final decision of the agency unless so ordered by the
Board.
All appeals shall be filed in accordance with the
Georgia Administrative Procedure Act and must be filed in the
superior court of Fulton County, the court of the domicile of the
Board.
