Ga. Comp. R. & Regs. 616-1-2-.01

Current through Rules and Regulations filed through September 16, 2024

Rule 616-1-2-.01 - Definitions

All terms used in this Chapter shall be interpreted in accordance with the definitions set forth in the Georgia Administrative Procedure Act ("APA"), O.C.G.A. Title 50, Chapter 13 and as herein defined:

(1) "Administrative Court" or "Court" means either the Office of State Administrative Hearings, which is part of the executive branch of state government; or a Judge of the Office of State Administrative Hearings.

(2) "Agency" means any officer, department, division, bureau, board, commission, or entity in the executive branch of state government subject to the Administrative Court's jurisdiction.

(3) "Clerk" means the Chief Clerk or the Deputy Chief Clerk of the Court.

(4) "Contested Case" means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.

(5) "CPA" means the Civil Practice Act, O.C.G.A. Title 9, Chapter 11.

(6) "Judge" means the Chief Judge, Deputy Chief Judge, an Assistant Administrative Law Judge, or other person appointed by the Chief Judge to preside over a hearing.

(7) "License" means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.

(8) "Person" means any individual, agency, partnership, firm, corporation, association, or other entity.

(9) "Referring Agency" means the state agency for which an administrative hearing is being held.

(10) "State Holidays" means those days on which state offices and facilities are closed by order of the Governor pursuant to O.C.G.A. § 1-4-1(a) -(b).

Ga. Comp. R. & Regs. R. 616-1-2-.01

O.C.G.A. § 50-13-40(c).

Original Rule entitled "General" adopted as ER. 616-1-2-0.2-.01. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.

Amended: Permanent Rule entitled "Definitions" adopted. F. June 30, 1995; eff. July 20, 1995.

Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.

Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.

Amended: F. June 22, 2020; eff. July 12, 2020.