Rule 350-4-.24 - The Hearing(1) The hearing shall be opened with reasonable promptness as fixed in the "notice of hearing."(2) All Department hearings shall be accessible to the public, subject to requirements for safeguarding confidential information.(3) In all hearings, taking of testimony shall be under oath.(4) The rules applied to civil cases in the superior courts of Georgia concerning the burdens of persuasion and going forward with the evidence shall be followed.(5) Both the provider and the Department shall have the opportunity to do the following:(b) establish all pertinent facts and circumstances through competent evidence;(c) advance any arguments relevant to the proceedings without undue interference; and(d) question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.(6) Documents, reports, data, and other information used by the parties in the course of the hearing which were obtained on a confidential basis or are subject to legal restrictions with respect to their disclosure, shall be classified and labeled by the Administrative Law Judge "Confidential and Privileged - Not for Release." All matter so classified shall be subject neither to public inspection nor to production or disclosure until and unless the Administrative Law Judge, the Department, or court of competent jurisdiction determines that such inspection, production, or disclosure is appropriate and authorized by law.(7) If issues are raised at the hearing which are different from the issues for which the hearing was requested, the Administrative Law Judge may conduct the hearing on the newly-emerged issues only on a showing of good cause by the party raising the issue(s). In such instances the hearing shall be conducted in a manner which will afford adequate opportunity to all parties to respond to the newly-raised issues.Ga. Comp. R. & Regs. R. 350-4-.24
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "The Hearing" adopted as ER. 350-4-0.4-.24. 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Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.