Ga. Comp. R. & Regs. 189-2-.12

Current through Rules and Regulations filed through November 21, 2024

Rule 189-2-.12 - Rules of Procedure - Telephone and Video Conferencing

The Commission may on its own motion or upon the request of any party may in its discretion conduct any and all proceedings which are authorized to be conducted by the Commission by telephone or video conference with the attorneys for all affected parties, and with the parties and all necessary witnesses in the case of preliminary hearings, administrative hearings, final hearings, or other proceedings.

(1) The Commission's presiding officer or hearing officer may specify:

(a) The time and the person who will initiate the conference;

(b) The party which is to incur the initial expense of the conference, or the apportionment of such costs among the parties, while retaining the discretion to make an adjustment of such costs upon final resolution of the case by taxing same as part of the costs; and

(c) Any other matter or requirement necessary to accomplish or facilitate the telephone or video conference.

(2) As this rule relates to preliminary hearings, administrative hearings and final hearings, the following requirements shall apply:

(a) Said hearings shall comply with the Georgia Open Meetings Act.

(b) Said hearings shall comply with the applicable provisions of the Georgia Government Transparency and Campaign Finance Act, the Administrative Procedure Act and the Consolidated Rules and Regulations of the Commission.

(c) Notice shall be given to the parties and the public that a proceeding will occur partially or wholly by remote telephone or video conferencing. Such notice may be given by any means authorized by the Georgia Open Meetings Act.

(d) If a party or a member of the public objects to the remote proceeding, the Commission's presiding officer or hearing officer shall sustain or overrule such objection prior to commencing the proceeding.

(e) Members of the public shall be given an opportunity to view the remote proceedings, such as by joining the telephone or video conference, through a livestream of the proceeding, or through substantially similar means of viewing. The Commission will have the sole discretion to determine which parties and persons may participate in any remote proceeding conducted by telephone or video conference.

Ga. Comp. R. & Regs. R. 189-2-.12

O.C.G.A. §§ 21-5-6(a)(7), 21-5-6(b)(10).

Original Rule entitled "Rules of Procedure - Telephone and Video Conferencing" adopted. F. Sep. 2, 2020; eff. Sept. 22, 2020.