Rule 672-5-.08 - Appeals Procedure for Maximum Capacity Rating for Prospective Bidders(1) A Prospective Bidder dissatisfied with its Maximum Capacity Rating may request an informal hearing in writing within ten (10) days of receipt of its Maximum C informal hearing will be before the Board of Review. At this informal hearing, neither the Department nor the Prospective Bidder shall be represented by an attorney nor be allowed to present witnesses. Documentary evidence may be presented by the Department or Prospective Bidder. Failure to request a formal hearing within ten (10) days after receipt of the Maximum Capacity Rating shall act as a waiver of the right of the Prospective Bidder to further appeal its Maximum Capacity Rating.(2) If a request for an informal hearing is received timely from the Prospective Bidder, the Board of Review shall set a date and time for an informal hearing to be held in the matter, and shall issue a written notice of the informal hearing to the Prospective Bidder. The written notice may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(3) Within fourteen (14) days after the conclusion of the informal hearing, the Board of Review shall render a written Preliminary Decision. The Board of Review shall cause a copy of this recommendation to be served upon the Prospective Bidder, which may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(4) Within fourteen (14) days of receipt of the Preliminary Decision, the Prospective Bidder may request a formal hearing with the Commissioner. Failure to request a formal hearing within fourteen (14) days after receipt of the Preliminary Decision shall act as waiver of any additional appeal rights of the Prospective Bidder and the Preliminary Decision of the Board of Review shall become the Final Decision.(5) In the event that a formal hearing has been requested by the Prospective Bidder, the Commissioner shall set a date and time for a hearing to be held in the matter, and shall issue a written notice of the hearing to the Prospective Bidder. The written notice of the hearing shall inform the Prospective Bidder of the date and time of the hearing, and of its right to attend, to be represented by counsel, to cross-examine witnesses against it, and to respond and present evidence on all issues. The written notice may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(6) Within thirty (30) days after the hearing, the Commissioner shall issue a Final Decision and shall cause a copy of this recommendation to be served upon the Prospective Bidder, which may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address. The Commissioner may instruct the Prequalification Committee to increase, decrease or not change the Maximum Capacity rating of the Prospective Bidder.(7) An appeal from the Final Decision of the Commissioner is directly appealable to the Superior Court.Ga. Comp. R. & Regs. R. 672-5-.08
O.C.G.A. §§ 32-2-2, 32-2-66, 50-13-4.
Original Rule entitled "Appeals Procedure" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973.Amended: ER 672-5-0.4-.08 adopted. F. and eff. May 30, 1978, the date of adoption.Amended: Permanent Rule adopted. F. Sept. 6, 1978; eff. Sept. 26, 1978.Repealed: New Rule, same title adopted. F. Oct. 23, 2000; eff. Nov. 12, 2000.Amended: New title "Appeals Procedure for Maximum Capacity Rating for Prospective Bidders." F. May 1, 2018; eff. May 21, 2018.