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.
