Rule 97-2-.04 - Administrative Revocation: Final Hearing ProceduresIf a final revocation hearing is to be held the following procedures are required:
(a) Notice. The youth and the youth's parents or guardian, if reasonably available, and the youth's attorney, if any, must be given at least 24 hours notice by copy of the Notice of Revocation Hearing form.(b) Final Revocation Hearing: Nature and Purpose. The purpose of the final revocation hearing is to make a determination of the allegation(s) and to make disposition. The Office of State Administrative Hearings will appoint an administrative law judge to conduct the final revocation hearing. The administrative law judge will, based on the preponderance of the evidence presented, make the initial decision that (1) the youth has or has not committed the acts as alleged; (2) that the acts, if found to be as alleged, are substantial violations which justify revocation; and (3) the plan of care is revoked or not revoked. The administrative law judge may accept an alternate plan previously agreed upon between the parties as an informal disposition of the case as provided for in the Georgia Administrative Procedure Act (O.C.G.A. §§ 50-13-13 and 50-13-41); provided however, that the administrative law judge is not hereby authorized to receive evidence concerning alternate plans nor to decide upon the merits of alternate plans other than to accept alternate plans previously agreed upon between the parties. The results of the hearing shall be put in writing. Copies shall be given to the youth and the youth's parents or guardian, if reasonably available.(c) Appeal. The initial decision of the administrative law judge becomes final if no application for review is made within 30 days. Pending the review, any change in plan of care and treatment is effective. The youth, the youth's parents or guardian, or the youth's attorney can apply to the Commissioner of the Department of Juvenile Justice or his designee for review of the initial decision. 1. If, upon an application for review, the Commissioner or his designee upholds the initial decision of the administrative law judge, further appeal may be made through proceeding in superior court in accordance with Georgia Laws 1964, pages 338, 354, as amended (O.C.G.A. § 50-13-19).2. The change in plan of care is effective during the pendency of the appeal unless a stay has been requested and granted.Ga. Comp. R. & Regs. R. 97-2-.04
O.C.G.A. Sec. 49-4A-1, et seq.; 50-13-41.
Original Rule entitled "Administrative Revocation: Final Hearing Procedures" adopted. F. May 26, 1993; eff. July 1, 1993, as specified by the Agency.Amended: F. Apr. 25, 1995; eff. May 15, 1995.Amended: F. May 28, 1997; eff. July 1, 1997, as specified by the Agency.