Rule 290-1-1-.09 - Contents of Hearing Records(1) A record of the hearing shall be kept and shall include: (a) All pleadings, motions and rulings;(b) A summary of the oral testimony and all other evidence received or considered, except that if the oral proceeding was recorded the recording or written transcript may be kept in lieu of the summary of the oral testimony;(c) A state of matters officially noticed;(d) Questions and offers of proof and rulings thereon;(e) Initial, proposed or recommended findings of fact and conclusions of law, if applicable;(f) Any decision, report or opinion by the Hearing Officer or Reviewing Official, except that the Hearing Officer's or Reviewing Official's personal notes, research or other work product shall not be part of the record; and(g) All staff memoranda or data submitted to the Hearing Officer or members of the Department in connection with their consideration of the case.(2) Official notice may be taken of Departmental records, including other hearing records, where relevant or helpful in developing the facts of any case.(3) Recordation of oral hearings: (a) Oral hearings will be recorded on magnetic tape at the Hearing Officer's discretion or where either party requests recordation sufficiently in advance to allow the Hearing Officer to arrange for recording equipment.(b) The Hearing Officer may at his or her discretion allow any party to record the hearing at the party's own expense, provided the hearing will not be disrupted and confidentiality can be protected. In all cases recorded by the Hearing Officer, however, the Hearing Officer's recordation will be the official record of the hearing.(c) Where the hearing is not recorded for any reason and a record of the oral hearing becomes necessary, the testimony and proceeding may be reconstructed by stipulation or by the recollection of the persons attending. Where the parties cannot agree, the Hearing Officer may reconstruct the proceeding and the Hearing Officer's reconstruction shall be final.Ga. Comp. R. & Regs. R. 290-1-1-.09
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, 31-5-5, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 37-1-53, 49-4-3, 49-4-13, 50-13-13, 50-13-15.
Original Rule entitled "Effective Date of Rules" was filed on July 26, 1974; effective August 15, 1974.Repealed: New Rule entitled "Same; Subpoenas and Discovery" adopted. F. Aug. 19, 1993; eff. Sept. 3, 1993.Amended: Rule retitled "Contents of Hearing Records". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.