Ga. Comp. R. & Regs. 350-4-.08

Current through Rules and Regulations filed through November 21, 2024

Rule 350-4-.08 - The Administrative Law Judge

(1) Each request for hearing meeting the specifications of Section 350-4-.06 shall be transmitted to an Administrative Law Judge appointed under authority of the Commissioner to adjudicate the matter in dispute.

(2) The Administrative Law Judge shall be a competent, qualified, and impartial individual who has not been involved in the action which has given rise to the hearing request. The Administrative Law Judge shall be an attorney who has a working knowledge of the Georgia Medicaid program and/or administrative law and the ability to conduct hearings in a competent manner. All Administrative Law Judges shall serve at the discretion of the Commissioner, who shall maintain uniform criteria for assessing each Administrative Law Judge's qualifications to serve.

(3) The Administrative Law Judge is vested with full authority in the conduct of the hearing process, and is responsible for conducting hearings in accordance with the Rules established by the Department.

(4) The Administrative Law Judge shall have the authority to do the following:

(a) administer oaths and affirmations;

(b) sign and issue subpoenas;

(c) rule upon offers of proof;

(d) regulate the course of the hearing and govern the conduct of the participants;

(e) rule on, admit, exclude, or limit evidence;

(f) examine witnesses;

(g) set the time and place for hearings and continuances thereof and fix the time for filing briefs and other documents;

(h) rule on all motions;

(i) provide for the taking of testimony by deposition or interrogatory;

(j) take official notice as prescribed in Rule 350-4-.19; and

(k) take any other action appropriate to dispose of the case in controversy.

Ga. Comp. R. & Regs. R. 350-4-.08

Ga. L. 1977, p. 384, et seq.; O.C.G.A. Sec. 49-4-142(a), 153.

Original Rule was filed on April 11, 1978; effective May 1, 1978.

Repealed: ER. 350-4-0.4-.08 adopted. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.

Repealed: Permanent Rule entitled "The Administrative Law Judge" adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.