Rule 391-1-2-.02 - Applicability and Scope of These Rules(1) The Rules in this Chapter govern all formal hearings in "contested cases," as that term is defined in the APA, which are conducted before an ALJ. An ALJ shall afford a liberal construction of these rules insofar as they are applied to cases wherein petitioners or respondents are unable to be represented by counsel.(2) An ALJ shall hear all contested cases arising under the following laws: (a) The Game and Fish Code (O.C.G.A. Title 27).(b) The Coastal Marshlands Protection Act of 1970 (O.C.G.A. Title 12, Chapter 5, Article 4, Part 4).(c) The Shore Assistance Act of 1979 (O.C.G.A. Title 12, Chapter 5, Article 4, Part 2).(d) The Oil and Gas and Deep Drilling Act of 1975 (O.C.G.A. Title 12, Chapter 4, Article 2, Part 2).(e) The Georgia Surface Mining Act of 1968 (O.C.G.A. Title 12, Chapter 4, Article 2, Part 3).(f) The Solid Waste Management Act (O.C.G.A. Title 12, Chapter 8 Article 2).(g) The Georgia Air Quality Act of 1978 (O.C.G.A. Title 12, Chapter 9)(h) The Georgia Hazardous Waste Management Act (O.C.G.A. Title 12, Chapter 8, Article 3).(i) The Georgia Water Quality Control Act (O.C.G.A Title 12, Chapter 5, Article 2).(j) The Ground Water Use Act of 1972 (O.C.G.A. Title 12, Chapter 5, Article 3, Part 2).(k) The Georgia Safe Drinking Water Act of 1977 (O.C.G.A. Title 12, Chapter 5, Article 3, Part 5).(l) The Georgia Safe Dams Act of 1978 (O.C.G.A. Title 12, Chapter 5, Article 5, Part 3).(m) The Erosion and Sedimentation Act of 1975 (O.C.G.A. Title 12, Chapter 7).(n) The Metropolitan River Protection Act (O.C.G.A. Title 12, Chapter 5, Article 5, Part 6).(o) The Georgia Asbestos Safety Act (O.C.G.A. Title 12, Chapter 12).(p) All other laws providing for the Review by an ALJ of any decision, order or action.(3) Procedural questions arising at any stage of the proceeding which are not addressed in the APA, any other applicable law or these Rules shall be resolved at the discretion of the ALJ, as justice requires. The ALJ may consult and utilize the CPA and the Uniform Rules for the Superior Courts in the exercise of this discretion.Ga. Comp. R. & Regs. R. 391-1-2-.02
O.C.G.A. Sec. 50-13-22.
Original Rule entitled "Filing and Submission of Documents" adopted. F. July 29, 1982; eff. August 18, 1982.Repealed: New Rule entitled "Applicability and Scope of These Rules" adopted. F. Mar. 12, 1985; eff. Apr. 1, 1985.Amended: F. Apr. 24, 1987; eff. May 14, 1987.Amended: F. Jan. 30, 1990; eff. Feb. 19, 1990.Amended: ER. 391-1-2-0.39-.02 adopted. F. June 25, 1998; eff. June 24, 1998, the date of adoption.Amended: Permanent Rule adopted. F. Aug. 27, 1998; eff. Sept. 16, 1998.