Rule 290-1-1-.18 - Hearings and Hearing Records: Confidentiality, Custody, Language, Access, Costs(1) Hearings will be open to the public unless a law or other authority requires or authorizes closure.(2) The Hearing Officer assigned to conduct any hearing will be the Department's custodian of that hearing record while the case is in hearing status, and for the duration of any appeal time thereafter. Where the Hearing Officer's decision is appealed to the Commissioner, the Commissioner or his assigned designee will become the custodian upon receipt of the record after issuance of the recommended decision and for the duration of any appeal time thereafter.(3) All hearing records will be assembled in the English language, as designated by Resolution No. 70, Georgia Laws 1986, Page 529. The Hearing Officer may require or arrange for translation into English of any testimony, arguments, documents or other matter presented in another language, and the English version will be the official record of the item. No person will be prevented from offering evidence or testimony for want of an English translation, however, and the original-language version will also be placed in the record.(4) Access to hearing records will generally be as provided by Georgia's "Open Records Law", O.C.G.A. Chapter 50-18, Art. 4, or its successor statute, except where access to the record is governed by a specific law or other authority. The Department may exercise its statutory right to protect any record or part thereof from disclosure as authorized by O.C.G.A. §§ 31-5-5 or 37-1-53 or their successor statutes.(5) Costs for transcripts and copies of records will be governed by the Department's general policy on costs for copies of its records as found in the Departmental Administrative Procedure Manual or its successor.Ga. Comp. R. & Regs. R. 290-1-1-.18
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 31-5-5, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 37-1-53, 49-4-3, 49-4-13, 49-9-11, 50-13-3, 50-13-13, 50-18-71, 50-18-72, 50-18-94.
Original Rule entitled "The Hearing Officer" was filed on July 26, 1974; effective August 15, 1974.Repealed: New Rule entitled "Certification of Hearing Records" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1993.Amended: Rule retitled "Hearings and Hearing Records: Confidentiality, Custody, Language, Access, Costs". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.