Rule 616-1-2-.21 - Nature of Proceedings(1) In a hearing conducted under this Chapter, the Court shall make an independent determination on the basis of the competent evidence presented at the hearing. Except as provided in Rule 29, the Court may make any disposition of the matter available to the agency.(2) If a party includes in its pleadings a challenge to the regularity of the process by which the agency reached a decision, the Court shall take evidence and reach a determination on such a challenge at the outset of the hearing. The party making such a challenge shall have the burden of proof. If the Court finds the challenge meritorious, it may remand the matter to the agency.(3) The hearing shall be de novo in nature, and the evidence on the issues in a hearing shall not be limited to the evidence presented to or considered by the agency prior to its decision.(4) Unless otherwise provided by law, the standard of proof on all issues in a hearing shall be a preponderance of the evidence.Ga. Comp. R. & Regs. R. 616-1-2-.21
O.C.G.A. §§ 50-13-13(a)(2) -(3); 50-13-40(c); 50-13-41(b).
Original Rule entitled "Hearings for the Secretary of State" adopted as ER. 616-1-2-0.2-.21. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Nature of Proceedings" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.