Rule 616-1-2-.22 - Hearing Procedure(1) The Court shall conduct a fair and impartial hearing, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. The Court may, among other things(a) arrange for and issue notices of the date, time, and place of hearings and prehearing conferences;(b) establish the methods and procedures to be used in the development of the evidence;(c) hold prehearing conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;(d) administer oaths and affirmations;(e) regulate the course of the hearing and govern the conduct of the participants;(f) examine witnesses called by the parties;(g) rule on, admit, exclude, or limit evidence;(h) establish the time for filing motions, testimony, and other written evidence, exhibits, briefs, proposed findings of fact and conclusions of law, and other submissions;(i) rule on motions and procedural matters before the Court, including but not limited to motions to dismiss for lack of jurisdiction or for summary determination;(j) order that the hearing be conducted in stages whenever the number of parties is large or the issues are numerous and complex;(k) allow cross-examination as required for a full and true disclosure of facts;(l) order that any information so entitled under applicable state or federal statute or regulation be treated as confidential information and be accorded the degree of confidentiality required thereby;(m) reprimand or exclude from the hearing any person for any indecorous or improper conduct;(n) subpoena and examine witnesses or evidence the Court believes necessary for a full and complete record;(o) impose civil penalties in accordance with Rule 44; or(p) take any action not inconsistent with this Chapter or the APA to maintain order at the hearing and ensure an expeditious, fair, and impartial hearing.(2) When two or more parties have substantially similar interests and positions, the Court may limit the number of attorneys or other party representatives who will be permitted to cross-examine witnesses and argue motions and objections on behalf of those parties. Attorneys may engage in cross-examination relevant to matters which the Court finds have not been adequately covered by previous cross-examination.(3) Whenever any party raises issues under either the Georgia Constitution or United States Constitution, the sections of any laws or rules constitutionally challenged and any constitutional provisions such laws or rules are alleged to violate must be stated with specificity. In addition, an allegation of unconstitutionality must be supported by a statement either of the basis for the claim of unconstitutionality as a matter of law or of the facts under which the party alleges that the law or rule is unconstitutional as applied to the party. Although the Court is not authorized to resolve constitutional challenges to statutes or rules, the Court may, at its discretion, take evidence and make findings of fact relating to such challenges.(4) A hearing may be conducted by alternate means if the record reflects that all parties have consented and that the alternate means will not jeopardize the rights of a party to the hearing. In the Court's discretion, a portion of a hearing may be conducted by remote telephonic communication, including but not limited to the use of two-way video-conferencing.(5) If any person commits any of the following actions, the Court may certify the facts to the superior court of the county where the offense occurred, for a determination of the appropriate action, including a finding of contempt: (a) disobeys or resists any lawful order or process;(b) neglects to produce, after having been ordered to do so, any pertinent book, paper, or document;(c) refuses to appear after having been subpoenaed;(d) upon appearing, refuses to take the oath or affirmation as a witness;(e) after taking the oath or affirmation, refuses to testify; or(f) disobeys any other order issued by the Court.Ga. Comp. R. & Regs. R. 616-1-2-.22
O.C.G.A. §§ 50-13-13(a)(1), (a)(6), (b); 50-13-15(1) -(3), (5); 50-13-40(c); 50-13-41(a)(2)-(3).
Original Rule entitled "Hearings for the Department of transportation" adopted as ER. 616-1-2-0.2-.22. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Hearing Procedure" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. May 21, 2014; eff. June 10, 2014Amended: F. June 22, 2020; eff. July 12, 2020.