Rule 480-45-.02 - Conduct of the Hearing(1) The hearing shall be conducted by the Board or an administrative law judge (ALJ) appointed by the Office of State Administrative Hearings (OSAH).(2) Duties of the Board or its designee. The Board or its designee shall have the authority to do the following: to administer oaths and affirmations; rule upon offers of proofs; regulate the course of the hearing; set the time and place for continued hearings; fix the time for filing briefs and memoranda; dispose of motions; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Board or its designee.(3) Sworn Testimony. All testimony given at the hearing shall be under oath administered by the Board or any person designated by the Board.(4) Order of Presentation. The State, or in a proper case a moving or complaining party, shall present its evidence or testimony first. Where there is more than one moving or complaining party, the order of presentation shall be at the discretion of the Board. After all of the evidence and testimony of the State, or the moving or complaining party, has been received, all other parties shall be allowed to present their evidence or testimony. All parties, other than the party introducing the testimony, shall be allowed to cross-examine any witness immediately after his testimony has been received. The State, or the moving or complaining party, shall be allowed to present rebuttal testimony or evidence if it so desires.Ga. Comp. R. & Regs. R. 480-45-.02
O.C.G.A. §§ 26-4-26, 26-4-27, 26-4-28, 26-4-28.1, 50-13-13, 50-13-15, 50-13-41.
Original Rule entitled "Conduct of the Hearing" adopted. F. Jun. 20, 2014; eff. July 10, 2014.