Rule 290-1-1-.05 - Same; Hearing Requests Subject to the Jurisdiction of the Office of State Administrative Hearings(1) Hearing requests received by the Department which are within the jurisdiction of the Office of State Administrative Hearings shall be promptly transmitted to that Office in accordance with the instructions of that Office. The Department may file any procedural or jurisdictional objections to any hearing request at the time of transmittal.(2) Initial decisions transmitted to the Department by the Office of State Administrative Hearings for review shall be accompanied by the entire hearing record. Reviews of the records and decisions will be by the Commissioner or his designees who will issue the final decisions. Such decisions will be binding on the Department and no further administrative remedy will be available.(3) Decisions made by the Office of State Administrative Hearings in the following classes of cases will become final upon issuance by that Office and without further Departmental action: (a) Cases arising under the Child Support Enforcement Act, O.C.G.A. Chapter 19-11, Art. 1, and related State and Federal laws;(b) Cases involving continuing involuntary hospitalization or habilitation and cost of care arising under O.C.G.A. Title 37 or the Department's Published Rule 290-4-7-.08;(c) Cases arising under O.C.G.A. Chapter 48-7, Art. 7, and related State and Federal laws involving the interception and setoff of tax refunds;(d) Cases arising under O.C.G.A. Chapter 31-8, Arts. 5 and 5A, and related State and Federal laws involving rights of residents of long-term care facilities and personal care homes;(e) Cases arising under O.C.G.A. Chapter 49-5, Art. 8, concerning establishment of a Child Protective Services Information System;(f) Intentional Program Violation (IPV) disqualification hearings, and IPV disqualification hearings held in combination with Food Stamp fair hearings, in the Food Stamp program under 7 USCA § 2015 and 7 CFR § 273.16 and their successor statutes and regulations and related State laws;(g) Early intervention services cases arising under 20 USCA § 1480 and 34 CFR §§ 303.420et seq. and their successor statutes and regulations and related State laws.Ga. Comp. R. & Regs. R. 290-1-1-.05
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq.O.C.G.A. Secs. 31-2-4, 31-5-2, 31-5-4, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 49-4-3, 49-4-13, 49-9-11, 50-13-3, 50-13-13, 50-13-14, 50-13-15.
Original Rule entitled "Appeal from the Department" was filed on July 26, 1974; effective August 15, 1974.Repealed: New Rule entitled "Same;Hearing Officer's Authority to Conduct the Hearing" adopted. F. Aug. 19,1993; eff. Sept. 8, 1993.Amended: Rule retitled "Same; HearingRequest Subject to the Jurisdiction of the Office of State AdministrativeHearings" adopted. F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified bythe Agency.Amended: F. Mar. 20, 1997; eff. Apr. 9, 1997.