| (8) |
If the Secretary of State or designee
thereof does not render a final determination on a complaint filed pursuant to
this rule within 90 days after the complaint is filed, or within any extension
period to which the complainant has agreed, the Secretary of State or designee
thereof will, on or before the third business day after the final determination
was due to be issued, initiate proceedings for alternative dispute resolution;
| (a) |
To facilitate alternative dispute
resolution, the Secretary of State shall maintain a list of qualified
independent professionals who are capable of acting as a mediator, from which
the Secretary of State or designee thereof and the complainant shall each
choose one mediator to review the case. |
| (b) |
The Secretary of State or designee
thereof shall designate in writing to the complainant the name of a mediator
from the list referenced in section (a) to serve on an alternative dispute
resolution panel (resolution panel) to review the complaint.
| 1. |
If proceedings for alternative dispute
resolution are initiated pursuant to this paragraph, not later than 3 business
days after the complainant receives such a designation from the Secretary of
State or designee thereof, the complainant shall designate in writing to the
Secretary of State or designee thereof the name of a second mediator. If the
complainant fails to designate a mediator within the time allowed above, the
sole mediator shall review the record from the hearing and make a final
recommendation based on the submitted record. Not later than 3 business days
after such a designation by the complainant, the two mediators so designated
shall select a third mediator to complete the resolution panel. If the
complainant fails to designate a mediator within the time allowed above, the
sole mediator shall review and dispose of the matter without selecting a second
or third mediator. |
| 2. |
The mediator
or resolution panel may review the record compiled in connection with the
complaint, including, without limitation, the investigative file on the matter,
the audio recording of the hearing, any transcript of the hearing and any
briefs or memoranda submitted by the parties but shall not receive any
additional testimony or evidence to resolve the matter. |
| 3. |
The mediator or resolution panel by a
majority vote, shall after reviewing the record referenced above, provide a
recommendation to the Secretary of State not later than 50 days after the final
determination of the Secretary of State was due. This period for issuing a
written recommendation will not be extended. |
| 4. |
Upon receipt of the recommendation from
the mediator or resolution panel, the Secretary of State or designee thereof
shall issue a final order pursuant to the authority granted under O.C.G.A.
21-2-50.2(c),
but such remedy shall not exceed the remedies available under Title III of the
Help America Vote Act of 2002. |
| 5. |
The final order of the Secretary of State or designee thereof will be:
| (i) |
Mailed to the complainant, each
respondent and any other person who requested in writing to be advised of the
final resolution; |
| (ii) |
Posted on
the website of the Secretary of State; and |
| (iii) |
Made available by the Secretary of
State, upon request by any interested person. |
|
| 6. |
A final determination by the Secretary of
State or designee thereof is not subject to appeal in any state or federal
court. |
|
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