Rule 539-4-.04 - Posthearing Procedures(1) Upon issuance of an initial decision by the Office of State Administrative Hearings, any party may request a review of the initial decision by filing the request in accordance with the provisions of Rule 539-4-.02 of the Board within thirty (30) days from the date of filing of the initial decision by the Administrative Law Judge.(2) Any rejection or modification by the Board of the findings of fact, conclusions of law, or disposition contained in an initial decision shall be supported by written reasons contained in the final decision by the Board.(3) A party may move that the matter be remanded to the Office of State Administrative Hearings for purposes of taking additional testimony. Such motions shall be filed in accordance with the provisions of Rule 539-4-.02 of the Board and shall be granted only for good cause shown. The Board shall notify all parties of its action upon the motion.(4) All motions, briefs or other documents pertaining to matters pending before the Board shall be filed with the Board at least seven days prior to the scheduled hearing date.(5) All petitions for judicial review shall be filed in accordance with the Georgia Administrative Procedure Act, O.C.G.A. Chapter 50-13 and must be filed in Fulton County Superior Court.Ga. Comp. R. & Regs. R. 539-4-.04
O.C.G.A. Secs. 43-39A-3, 43-39A-6, 43-39A-13, 43-39A-14, 43-39A-15, 43-39A-16, 43-39A-18, 43-39A-21, 43-39A-22, 43-39A-25, 50-13.
Original Rule entitled "Service" adopted. F. Aug. 16, 1990; eff. Sept. 5, 1990.Repealed: New Rule entitled "Posthearing Procedures" adopted. F. Aug. 2, 1995; eff. Aug. 22, 1995.Amended: F. Nov. 22, 2002; eff. Dec. 12, 2002.