Rule 503-1-.38 - Appeals of Sanctions Imposed by the Council(a) Any probation entity upon which the council has imposed any sanction set forth in 503-1-.37 of these rules may appeal that decision by submitting a request for a hearing to the council within fifteen (15) calendar days from the date of service of any notice of sanction by the council.1. A request for a hearing is defined as a clear written expression by the affected probation entity or authorized representative on its behalf to the effect that it wants the opportunity to contest its case. The format of a request for hearing shall consist of two parts:(i) Part One shall identify each point of appeal asserted. For each point of appeal asserted, there shall also be a short, concise statement showing why the probation entity should be granted relief on that point;(ii) Part Two shall contain the remainder of the probation entity's argument on appeal.2. Mailing by certified mail to the last known address of the probation entity shall constitute proper service.(b) Hearings on appeals filed by probation entities pursuant to this rule shall be conducted pursuant to Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, and shall be conducted by a hearing officer (Administrative Law Judge) appointed by the Chief Administrative Law Judge of the Office of State Administrative Hearings (O.S.A.H.), which hearing officer shall have all the power and authority set forth in the Georgia Administrative Procedure Act, and may preside at any conferences, reviews, or hearings scheduled and/or conducted.(c) The council or hearing officer may deny or dismiss a request for a hearing for the following reasons: 1. It has been withdrawn by the requesting probation entity;2. If the affected probation entity or his representative fails to appear at a hearing or a settlement conference scheduled for such affected probation entity; or3. If the affected probation entity or its representative does not submit a written request for a hearing within fifteen (15) days after service of the notice of sanction.(d) Appeals of decisions of the hearing officer shall be conducted pursuant to the applicable provisions of the Georgia Administrative Procedure Act.Ga. Comp. R. & Regs. R. 503-1-.38
O.C.G.A. Secs. 42-8-101, 50-13-18.
Original Rule entitled "Notification of Private Probation Entity Sales, Mergers or Acquisitions" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule entitled "Appeals of Sanctions Imposed by the Council" adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule of same title adopted. F. July 21, 2006; eff. August 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.Repealed: New Rule of same title adopted. F. Dec. 8, 2008; eff. Dec. 28, 2008.Repealed: New Rule of same title adopted. F. May 26, 2009; eff. June 15, 2009.