Rule 590-3-1-.05 - Contested Cases(1) Contested Cases. Contested cases shall be heard by the Secretary of State, the Division Director or his or her designated representative pursuant to the Georgia Administrative Procedure Act and shall be conducted in accordance with the procedures provided therein, the procedures set forth in section 10-14-23 of the Act, and the following procedures:(a) Any person who is legally entitled to contest a ruling or order of the Secretary of State may do so by filing with the Secretary of State a request for hearing which shall contain the following: 1. a title which indicates the nature of the proceedings;2. the complete name(s) and address(es) of the person(s) on whose behalf the request is filed;3. the name(s) and address(es) of all other persons known to have a legal interest in the proceedings;4. if the person(s) on whose behalf the request is filed are represented by counsel, the name and address of counsel;5. a clear and concise statement of the facts upon which the contested case arises;6. a prayer setting forth the relief sought; and7. a statement of the grounds upon which the person(s) contend(s) he, she, it or they is (are) entitled to the relief sought.(b) To be entitled to a hearing as a matter of right, a person must, within thirty (30) days of delivery of a notice of opportunity for hearing in the manner prescribed by section 10-14-23(b) of the Act, file with the Secretary of State a request for hearing as described in paragraph (a) above. The Secretary of State may, in his or her discretion, allow extensions of time and amendments to requests.(c) Responses to requests for hearing. The Secretary of State will respond to all requests for hearings with a notice scheduling a hearing or with an order denying the request for hearing and stating the reasons for the denial.(d) The Secretary of State may, without request by the party who is legally entitled to contest a ruling or order, schedule a hearing and require that the party appear. Failure by the party to appear for the hearing shall be considered a default of the contested case and will result in the entry of the order proposed by the Secretary of State and accompanying the notice of opportunity for hearing.(2) Informal conference. (a) A party who requests a hearing as provided in (1)(a) above will be accorded a formal hearing pursuant to the Georgia Administrative Procedure Act and section 10-14-23 of the Act. If a party desires, he, she or it may request an informal conference with the Secretary of State or his or her representative in lieu of, or prior to, a formal hearing.(b) The receipt by the Secretary of State of a written request for an informal conference will toll until the date that such conference is scheduled by the Secretary of State, and the subsequent date, if any, to which it is continued by the Secretary of State, the running of the times for requesting and setting hearings which are specified in Code section 10-14-23 of the Act. In determining the number of days which have run, neither the day on which the request for informal conference is received by the Secretary of State nor the day on which the conference is scheduled shall be counted.(c) The informal conference shall begin with a telephonic or live meeting between the Secretary of State's staff and the party requesting the informal conference or on whose behalf the informal conference was requested. The person entitled to an informal conference may be represented by counsel who may appear at the informal conference with the party or in the party's presence. The informal conference may remain open until such time that the matter is resolved or the informal conference is terminated by order of the Secretary of State.(3) Any written request for conference or hearing which is not in the form specified in paragraph (a) above and does not specifically request a formal hearing will be deemed a request for informal conference and shall be acted on as such. However, if after the Secretary of State terminated the informal conference by order, a party requests a hearing, and it appears to the Secretary that, in an effort to stall proceedings, the party has purposefully failed to comply with the form specified in paragraph (1)(a) above, the Secretary may at his or her discretion schedule a formal hearing.(4) A written order of the Secretary of State issued pursuant to section 10-14-23(f) of the Act may, in the discretion of the Secretary of State, be issued in the form of a consent order, of a letter of undertaking or of an order for a plan of compliance.Ga. Comp. R. & Regs. R. 590-3-1-.05
O.C.G.A. Secs. 10-14-14, 44-3-139, 44-3-147.
Original Rule entitled "Contested Cases" was filed as Emergency Rule 590-3-1-0.8-.05 on July 7, 1983; effective July 1, 1983, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: Permanent Rule of the same title adopted. Filed September 9, 1983; effective October 5, 1983, as specified by the Agency.Repealed: New Rule, same title adopted. F. July 26, 2000; eff. August 15, 2000. Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.