Rule 616-1-2-.02 - Scope of Rules(1) This Chapter governs all actions and proceedings before the Court.(2) At the Court's discretion, procedural requirements of these Rules may be relaxed to facilitate the resolution of a matter without prejudice to the parties and in a manner consistent with the requirements of the APA or other applicable law.(3) Procedural questions that are not addressed by the APA, other applicable law, or these Rules shall be resolved at the Court's discretion, as justice requires. The Court may refer to the CPA and the Uniform Rules for the Superior Courts in the exercise of this discretion.(4) The Court shall determine which law governs a hearing when a Rule conflicts with or is supplemented by a state or federal statute or rule.Ga. Comp. R. & Regs. R. 616-1-2-.02
O.C.G.A. §§ 50-13-40(c); 50-13-41.
Original Rule entitled "Hearings for the Department of Agriculture" adopted as ER. 616-1-2-0.2-.02. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Applicability and Scope of These Rules" adopted. F. June 30, 1995; eff. July 20, 1995.Repealed: New Rule entitled "Applicability and Scope of Rules" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: New title "Scope of Rules." F. June 22, 2020; eff. July 12, 2020.Note: The incorrect Rule was posted on the SOS Rules and Regulations website July 2020 through August 2020, due to an administrative error. The correct Rule, as amended by filing on June 22, 2020; effective July 12, 2020, was updated on the website September 1, 2020.