Rule 60-1-1-.11 - Appeal Procedures(1)Within a reasonable period after receipt of a notice of appeal, the Attorney General shall transmit the appeal to the Office of State Administrative Hearings for hearing and initial decision.(2) Within thirty (30) days from the initial decision by the Office of State Administrative Hearings, the Attorney General shall either issue his own final decision, allow the OSAH decision to become his final decision by operation of law, or extend the time for final decision pursuant to Section 50-13-17(c).(3) Any party dissatisfied with the initial decision must request review by the Attorney General within fifteen (15) days from the initial decision. The request for review should include a proposed final decision with citations to the administrative record as appropriate, and supporting brief, if desired. The opposing party shall submit its response, or its own proposed final decision, if any, within ten (10) days of the request for review.(4) On review from the initial decision of the representative of the Office of State Administrative Hearings, the Attorney General shall have all the powers he or she would have in making the initial decision and, if deemed advisable, may take additional testimony or remand the case to the hearing representative for such purpose.(5) A final decision or order in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise statement of the underlying facts supporting the findings. A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record.(6) The Attorney General shall render a final decision in contested cases within 30 days after the close of the record required by Code Section 50-13-17 except that the Attorney General, by order, may extend such period in any case in which he or she shall find that the complexity of the issues and the length of the record require an extension of the period, in which event a decision shall be rendered at the earliest date practicable.(7) Appeal of the final decision of the Attorney General shall be made in accordance with O.C.G.A. § 50-13-19.Ga. Comp. R. & Regs. R. 60-1-1-.11
O.C.G.A. Secs. 10-13A-3(c), 10-13A-7, 10-13A-9(d), 50-13-17.
Original Rule entitled "Untimely or Incomplete Certification or Escrow Deposits" adopted. F. Dec. 10, 2004; eff. Dec. 30, 2004.Repealed: New Rule entitled "Appeal Procedures" adopted. F. July 30, 2010; eff. August 19, 2010.