Chapter 480-47 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 the 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 Board, 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
480-40-.01 and shall be granted only
for good cause shown. The Board shall notify all parties of its action upon the
motion. Notwithstanding the above, the Board may at any time prior to the
rendering of a decision, reopen the hearing on its own
motion.
| (1) |
Either the responding party or the Board
may seek review of the initial decision of the administrative law judge (ALJ)
pursuant to O.C.G.A. §§ 50-13-17(a),
50-13-41(d). If
the responding party files a timely motion for review of the initial decision
of the ALJ, the responding party may include therein a statement of the reasons
for seeking review and alleged errors made by the ALJ 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 the responding party seeking review of the initial
decision of the ALJ, or upon the filing of a timely order by the Board for
review of an initial decision on its own motion, notice of the date and time
for the review shall be served on the responding party or counsel for the
responding party and counsel for the Board. |
| (3) |
The Board may appoint a hearing officer
for review, who shall preside over the review proceedings and control the
conduct of the review hearing. In acting as the presiding officer, the hearing
officer for review shall rule on all 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 ALJ 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
480-40-.01 and
480-47-.03 and shall be ruled upon
within the time period set by the Board but not to exceed thirty (30) days.
| (a) |
Motions to present additional evidence or
to remand the case to the ALJ 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 ALJ. 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 responding party 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. |
|
A responding 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 responding party or responding party's counsel. Such
motion shall be in accordance with Rule
480-40-.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 Board
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 or superior court of the county of the residence of the
petitioner.
