Rule 290-1-1-.11 - Subpoenas and Discovery(1) The Hearing Officer may provide for examination of the hearing record by the parties as follows: (a) All laws of confidentiality and privilege shall be respected by the parties, and the Hearing Officer may, by order, condition any party's access to the record so as to protect confidentiality and privilege;(b) The Hearing Officer may arrange for examination by other parties prior to the hearing of any documents to be used by any party at the hearing, by directing the parties to make their documents available to the other parties for examination by appointment or to exchange copies, or by delivering the documents to the Hearing Officer prior to the hearing, or by other reasonable means;(c) The Hearing Officer may recess, postpone, or continue the hearing to allow the parties to examine documents not previously disclosed. Where the recess or continuance will adequately protect the parties' rights, the mere failure to disclose a document prior to the hearing will not require its exclusion from the record;(d) At the request of any party or on the Hearing Officer's own motion the Hearing Officer may mask or excise irrelevant, privileged or confidential parts of any document prior to its examination by the other parties. No consideration will be given to the masked or excised parts in the decision if the other party objects to such consideration. The Hearing Officer shall retain in the record a sealed copy of the document without the deletions, for consideration by the court in case of administrative or judicial review.(e) If any party refuses to comply with the Hearing Officer's reasonable directions to make a document available to other parties, the Hearing Officer may as a last resort exclude the document and any evidence or testimony derived from or based upon it from the record.(2) The Hearing Officer may issue subpoenas for witnesses and records at the request of any party or on his or her own motion, provided the request is made sufficiently in advance of the hearing date to permit good service.(3) The Hearing Officer is authorized to direct any employee of the Department to attend the hearing or prehearing conference, and to receive custody of the Departmental records for presentation at the hearing.(4) Prior to the issuance of any subpoena or discovery order, the Hearing Officer may require a preliminary showing of relevance of the evidence sought or need for the order, and may also require a showing that alternate means of obtaining the evidence have been exhausted.Ga. Comp. R. & Regs. R. 290-1-1-.11
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 37-1-22, 37-1-23, 49-4-3, 49-4-13, 50-13-13.
Original Rule entitled "Procedure for Hearing under AFDC and Medicaid Programs" was filed on July 26, 1974; effective August 15, 1974Repealed: New Rule entitled "Same; Ex Parte Contacts with Hearing Official" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1993.Amended: Rule retitled "Subpoenas and Discovery". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.