Rule 205-1-4-.07 - Appeals and Hearings Requests(1) Fire departments and/or fire service personnel have the right to make an initial appeal of an adverse action. The Executive Director of the Georgia Firefighter Standards and Training Council may recommend that the Council's sanction be modified. The modification shall be approved by the Chairman or Vice-Chairman if the Chairman is unavailable. Such adverse actions may include, but are not limited to: (a) Disputed test items (questions, skills, taskbook entry, etc.)(b) Disputed test results(c) Lapsed certification or registration status(d) Recommendations for suspensions of Part-time or Volunteer personnel(e) Recommendations for probation of State Certified personnel(f) Recommendations for decertification of State Certified personnel(g) Recommendations for revocation of fire department Certificates of Compliance(2) If the case is not settled by the Executive Director, the aggrieved party may make a second appeal to the Council. The Council would then make a decision.(3) If the aggrieved party is still not satisfied, the chief administrative officer of any fire department or the individual aggrieved by the decision of the Council, may make a written expression that he/she wants the opportunity to contest his/her case before a Hearing Officer appointed by the Chief Administrative Law Judge of the Office of State Administrative Hearings.(4) The Council may deny or dismiss a request for a hearing for the following reasons: (a) It has been withdrawn by the affected party.(b) If the affected party or his/her representative fails to appear at a hearing or settlement conference scheduled for such affected fire service personnel.(c) If the affected party or his/her representative fails to submit a written hearing request within thirty (30) calendar days after service of the notice of adverse actions.(5) The affected party shall, within fifteen (15) days after service of adverse action, submit a notarized statement in answer to the allegations, either admitting or denying the allegations. All allegations which are not specifically answered are deemed to be admitted. Failure to submit this document shall be cause for the appeal to be denied.(6) The affected party or his/her representative shall submit a written request for hearing within thirty (30) calendar days after service of the notice of adverse action. If the thirty (30) day time frame is not complied with the appeal shall be denied and the process will be ended.(7) Information that shall be included by the aggrieved party in the hearing request is as follows: (a) Name, address, phone number, and email address(d) Description of the circumstances(e) Supporting documentation(f) Witness(es) (Name(s) only)(g) Name(s) of attorney(s) if applicable(h) Resolution being soughtGa. Comp. R. & Regs. R. 205-1-4-.07
O.C.G.A. § 25-3-25.
Original Rule entitled "Appeals and Hearings Requests" adopted. F. Nov. 19, 2015; eff. Jan. 1, 2016, as specified by the Agency.