reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-6 - SPEECH-LANGUAGE PATHOLOGY AIDE AND AUDIOLOGY ASSISTANTS › Rule 609-6-.01 - Speech-Language Pathology Aides

Current through Rules and Regulations filed through June 27, 2024
Registration as a Speech-Language Pathology Aide. A person who
				seeks to assist in the practice of speech-language pathology must apply to the
				Board for registration as a speech-language pathology aide. The Board may
				approve registration as a speech-language pathology aide upon receipt of
				applicable fees and approval of the education and training of the applicant,
				the specific duties to be assigned, the amount and nature of the supervision
				available, and other factors as deemed relevant by the Board. Training shall
				not begin until the application for registration has been approved by the
				Board.
(a) Application for
			 Registration. The person seeking registration as a speech-language pathology
			 aide and the supervising speech-language pathologist shall submit an
			 appropriate application to the Board on forms available on the website or the
			 Board office.
1. Each application shall be
			 accompanied by the appropriate fee (see Fee Schedule). Registration fees are
			 not prorated during the biennial licensure period.
2. If the application is approved, the
			 applicant will be notified in writing that practice as an aide may begin
			 following completion of the approved training program.
3. An application file will become void,
			 without notification to the applicant, if it has not been completed within six
			 months of the date the application is received by the Board.
4. All speech language pathology aides are
			 required to register by March 31 of odd numbered years.
5. Registration identification cards will be
			 issued by the Board within three months following approval of the registration
			 application and the training program.
6. Pursuant to O.C.G.A. §
									43-1-19, the Board has the authority to refuse to grant a registration as a
			 speech-language pathology aide if it is in receipt of information that
			 applicant has practiced without a valid registration.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-6 - SPEECH-LANGUAGE PATHOLOGY AIDE AND AUDIOLOGY ASSISTANTS › Rule 609-6-.02 - Audiology Assistant

Current through Rules and Regulations filed through June 27, 2024
Registration as an Audiology Assistant.
An
				Audiology Assistant means any person who assists in the providing of those
				audiology services authorized by the Board, who meets the minimum requirements
				established by the Board and who works under the supervision of a licensed
				audiologist.
A person who seeks to assist in the practice of audiology must
				apply to the Board for registration as an audiology assistant. The Board may
				approve registration as an audiology assistant upon receipt of applicable fees
				and approval of the education and training of the applicant, the specific
				duties to be assigned, the amount and nature of the supervision available, and
				other factors as deemed relevant by the Board. Training shall not begin until
				the application for registration has been approved by the Board.
(a)
Application for
			 Registration.
The person seeking registration as an audiologist
			 assistant and the supervising audiologist shall submit an appropriate
			 application to the Board on forms available on the website or in the Board
			 office.
1. Each application shall be
			 accompanied by the appropriate fee (see Fee Schedule). Registration fees are
			 not prorated during the biennial licensure period.
2. The Audiology assistant application shall
			 be filed with the Board for approval and the application shall include, but
			 need not be limited to:
(i) The location(s)
			 (name and address) where the assistant will work;
(ii) The business name and address of the
			 employer of the assistant;
(iii) A
			 description of the activities to be performed by the assistant;
(iv) A description of the training the
			 assistant will receive that will enable the assistant to perform the planned
			 activities;
(v) A description of
			 the supervision that the assistant will receive in the performance of the
			 assistant's duties;
(vi) An
			 agreement to abide by the Georgia State Speech-Language Pathology and Audiology
			 Licensing Act.
3. If the
			 application is approved, the applicant will be notified in writing and practice
			 as an audiologist assistant may begin following completion of the approved
			 training program.
4. An application
			 file will become void without notification to the applicant if it has not been
			 completed within six months of the date the application is received by the
			 Board.
5. Registration
			 identification cards will be issued by the Board office within three months
			 following approval of the registration application.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-6 - SPEECH-LANGUAGE PATHOLOGY AIDE AND AUDIOLOGY ASSISTANTS › Rule 609-6-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 84-6703, 84-6705.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-6 - SPEECH-LANGUAGE PATHOLOGY AIDE AND AUDIOLOGY ASSISTANTS › Rule 609-6-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 84-6703, 84-6705.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-6 - SPEECH-LANGUAGE PATHOLOGY AIDE AND AUDIOLOGY ASSISTANTS › Rule 609-6-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 84-6703, 84-6705.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-7 - CONTINUING PROFESSIONAL EDUCATION › Rule 609-7-.01 - Continuing Professional Education Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) The purpose of continuing education is to
			 maintain and enhance the professional competency of speech-language
			 pathologists and audiologists licensed to practice in Georgia for the
			 protection of the health and welfare of the people of the State of
			 Georgia.
(2) A continuing education
			 unit (CEU) is defined as ten (10) clock hours of continuing professional
			 education. CEU hours may not be carried over from one licensure biennium to the
			 next.
(3) In order to renew a
			 license, the licensee must obtain a minimum of 2.0 CEUs (20 clock hours) during
			 each biennium period of licensure.
(4) Not more than 1.0 CEUs (10 clock hours)
			 can be acquired in any one 24 hour period.
(5) Individuals who hold licenses in both
			 Speech-Language Pathology and in Audiology shall be required to complete a
			 minimum of 2.0 CEUs in Speech-Language Pathology and 2.0 CEUs in
			 Audiology.
(6) CEU requirements for
			 newly approved license holders will be pro-rated during the first biennium
			 licensure period as follows:
(a) Licensees
			 whose applications are approved during the first six (6) months of the biennium
			 will be required to accrue two (2) CEUs.
(b) Licensees approved during the second six
			 (6) months of the biennium will be required to accrue one and one half (1
			 1/2) CEUs.
(c) Licensees
			 approved during the third six months of the biennium will be required to accrue
			 one (1) CEU.
(d) Licensees approved
			 during the final six (6) months are not required to accrue CEUs until the
			 following licensure biennium.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-8 - RENEWAL AND REINSTATEMENT › Rule 609-8-.01 - Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Full Licenses.
(a) All full licenses shall expire on March
			 31 of odd numbered years.
(b)
			 Application, biennial renewal fee (See Fee Schedule) and documentation of
			 continuing education must be received by March 31 of odd numbered
			 years.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-8 - RENEWAL AND REINSTATEMENT › Rule 609-8-.02 - Late Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Each license
			 will expire and must be renewed by March 31st of odd
			 numbered years. Licenses not renewed by this date may be renewed during the
			 late renewal period of April 1 - April 30th of the
			 corresponding year with payment of a late renewal fee in addition to the
			 renewal fee. Late renewal applications must be accompanied by proof that all CE
			 requirements have been met for the biennium.
(2) Failure to renew a license by the end of
			 the established late renewal period shall have the same effect as revocation,
			 subject to reinstatement in the discretion of the Board.
(3) Practicing with a lapsed or
			 administratively revoked license is prohibited by law, and any unlicensed
			 practice during this period may result in disciplinary action at the time of
			 reinstatement.
O.C.G.A.
				§§
										43-1-4,  43-1-7,  43-1-19,  43-1-25,  43-44-6,  43-44-7,  43-44-11.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-8 - RENEWAL AND REINSTATEMENT › Rule 609-8-.03 - Reinstatement

Current through Rules and Regulations filed through June 27, 2024
(1) Expired License.
(a) The failure to late renew an expired
			 license within three (3) months of its expiration shall have the same effect as
			 a surrender or revocation and the applicant for reinstatement shall meet the
			 same conditions provided in Rule  609-8-.03(2)  regarding reinstatement of a
			 surrendered or revoked license.
(b)
			 An expired license may be reinstated following the expiration date and late
			 renewal period by submission of a completed reinstatement application and
			 payment of a reinstatement penalty fee as set by the Board (see Fee Schedule).
			 Such persons must also provide evidence of having met continuing professional
			 education as set out in Rule
			  609-7-.01. Reinstatement shall be at
			 the discretion of the Board.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-8 - RENEWAL AND REINSTATEMENT › Rule 609-8-.04 - Revocation

Current through Rules and Regulations filed through June 27, 2024
The Board shall have the authority to revoke the license of a
				person licensed by the Board pursuant to O.C.G.A. §
								43-1-19.
				The voluntary surrender of a license or the failure to renew a license in
				accordance with these rules shall have the same effect as a revocation of said
				license.
O.C.G.A. Secs.
				  43-1-19,  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-9 - INACTIVE STATUS › Rule 609-9-.01 - Reactivation of License from Inactive Status

Current through Rules and Regulations filed through June 27, 2024
Effective June 1, 2011, license holders can no longer place
				their license on inactive status.
(a)
			 An inactive license may be reactivated upon written application to reinstate,
			 submission of the appropriate fee and compliance with the conditions of Board
			 Rule
			  609-8-.03(3).
(b) The Board at its sole discretion reserves
			 the right to investigate any and all requests for reactivation and to refuse to
			 reactivate or reinstate, or to set conditions on the reactivation beyond these
			 outlined above as the Board deems appropriate.
O.C.G.A. Secs.
				  43-1-7,  43-1-19,  43-44-6,  43-44-11, 43-44-41.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-10 - CHANGE IN STATUS › Rule 609-10-.01 - Request for Duplicate Wall Certificate

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of a written request and appropriate fee, the
				Board will issue a duplicate wall certificate.
O.C.G.A. Secs.
				  43-44-1 to 
				 43-44-18 .
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-10 - CHANGE IN STATUS › Rule 609-10-.02 - Request for Duplicate Identification Card

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of a written request and appropriate fee, the
				Board will issue a duplicate identification card.
O.C.G.A. Sec.
				  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-10 - CHANGE IN STATUS › Rule 609-10-.03 - Change in Name

Current through Rules and Regulations filed through June 27, 2024
The licensee shall submit a certified copy of a marriage
				certificate, court order, or other certified documentation of legal name
				change, and the appropriate application and fee established by the Board in
				order to make a change of name.
O.C.G.A. Secs.
				  43-1-7,  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-10 - CHANGE IN STATUS › Rule 609-10-.04 - Change in Address

Current through Rules and Regulations filed through June 27, 2024
The licensee shall notify the Board Office, in writing, within
				30 days of making an address change from that previously filed with the
				Board.
O.C.G.A. Secs.
				  43-1-19,  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-11 - FEES › Rule 609-11-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
Refer to fee schedule for appropriate fees payable to the
				Board. Fees may be reviewed and changed at the discretion of the Board.
				Application fees are non-refundable. Any indebtedness to the Board caused by a
				returned check may be turned over to the appropriate law enforcement
				authorities pursuant to Code Section
				  16-9-20 of 
				the Criminal Code of Georgia.
O.C.G.A. Sec.
				  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-11 - FEES › Rule 609-11-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1974, pp. 1009,
				1017, as amended (Ga. Code Ann. Sec.
				 84-6708(c).
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-11 - FEES › Rule 609-11-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1974, pp. 1009,
				1017, as amended (Ga. Code Ann. Sec.
				 84-6708(c).
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-11 - FEES › Rule 609-11-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1974, pp. 1009,
				1017, as amended (Ga. Code Ann. Sec.
				 84-6708(c).
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-12 - PROCEDURAL RULES › Rule 609-12-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
The Board of Examiners for Speech-Language Pathology and
				Audiology hereby adopts by reference as its permanent rules Chapter 295-3
				through 295-13 and any future amendments thereto, Rules and Regulations of the
				Office of the Division Director Professional Licensing Boards Division,
				relating to Procedure for Hearings before the several Professional Licensing
				Boards.
O.C.G.A. Sec.
				  43-44-6.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-13 - TELECOMMUNICATIONS › Rule 609-13-.01 - Telecommunications

Current through Rules and Regulations filed through June 27, 2024
Any person in this state or physically located in another state
				or foreign country who, using telecommunications and information technologies
				through which speech-language pathology information and auditory-vestibular
				system information or data is transmitted, performs an act that is part of a
				patient care service located in this state, including but not limited to any
				measures of speech-language pathology or auditory-vestibular system function or
				hearing instrument selection, fitting, or dispensing that would effect the
				diagnosis or treatment of the patient is engaged in the practice of
				speech-language pathology or audio logy in this state.
O.C.G.A. Secs.
				  43-44-6,  43-44-7.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-13 - TELECOMMUNICATIONS › Rule 609-13-.02 - License Requirement

Current through Rules and Regulations filed through June 27, 2024
Any person who performs such acts through such means as
				described in Rule
				 609-13-.01  shall be required to have
				a license to practice speech-language pathology or audiology in this state and
				shall be subject to regulation by the Board.
O.C.G.A. Secs.
				  43-44-6,  43-44-7.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-13 - TELECOMMUNICATIONS › Rule 609-13-.03 - Restrictions

Current through Rules and Regulations filed through June 27, 2024
No out-of-state or foreign practitioner shall have ultimate
				authority over the speech-language or auditory-vestibular system health care of
				a patient who is located in this state. Any such practitioner in this state,
				another state, or a foreign country shall abide by the rules of the
				Board.
O.C.G.A. Secs.
				  43-44-6,  43-44-7.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-13 - TELECOMMUNICATIONS › Rule 609-13-.04 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1) This shall not
			 apply to:
(a) the acts of a speech-language
			 pathologist or an audiologist located in another state or foreign country who
			 provides consultation services at the request of a speech-language pathologist
			 or an audiologist licensed in this state;
(b) the acts of a speech-language pathologist
			 or an audiologist licensed in another state or foreign country who:
1. provides consultation services without
			 compensation, remuneration, or other expectation thereof and without altering,
			 adjusting, or manipulating hearing aid device controls; or
2. provides consultation service to a
			 graduate school located in this state and approved by the Board; or
3. The acts of a speech-language pathologist
			 or an audiologist located in another state or foreign country when invited as a
			 guest of any graduate school or institution of higher learning approved by the
			 Board, state, or national accrediting body or component thereof, for the sole
			 purpose of engaging in professional education through lectures, clinics, or
			 demonstrations.
Compilation of Rules and Regulations of the State of Georgia › Department 609 - STATE BOARD OF EXAMINERS OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 609-13 - TELECOMMUNICATIONS › Rule 609-13-.05 - Patient Records for Telecommunications

Current through Rules and Regulations filed through June 27, 2024
All persons subject to the provision of the Code section
				  43-44-7 shall be required to comply with all applicable requirements of the laws of
				this state relating to the maintenance of patient records and the
				confidentiality of patient information, regardless of where such
				speech-language pathologist or audiologist may be located and regardless of
				where or how the records of any patient located in this state are
				maintained.
O.C.G.A. Secs.
				  43-44-6,  43-44-7.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
(1)
Administrative Court.
The Office of State Administrative Hearings, which is part of the executive branch of state government, shall also be known as the "Administrative Court" or "Court," which shall be comprised of the Chief State Administrative Law Judge, Assistant Administrative Law Judges, and other personnel.
(2)
Jurisdiction.
The Court has jurisdiction over the adjudication of contested cases pursuant to O.C.G.A. §§
									50-13-2(2), -41, and -42. Other agencies may contract with the Court for adjudication services.
(3)
Chief State Administrative Law Judge (Chief Judge).
(a) The Court shall be administered by the Chief Judge. The Chief Judge is appointed by the Governor for a term of six (6) years, is eligible for reappointment, and may be removed by the Governor for cause.
(b) The Chief Judge is the chief presiding and administrative officer of the Court and is authorized to appoint Judges and support personnel and promulgate rules of practice and procedure before the Court.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.02 - Requesting Information from or Making Submissions to the Court

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
General information about the Court's operations may be obtained from the Executive Assistant to the Chief Judge.
(2)
Rulemaking.
Requests for information or submissions concerning public participation in rulemaking pursuant to Rule 03 may be directed to the Executive Assistant to the Chief Judge.
O.C.G.A. §
											50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.03 - Rulemaking Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)
Submission.
To petition for the promulgation, amendment, or repeal of a rule, a written petition shall be submitted to the Chief Judge.
(2)
Contents.
The petition shall state fully
(a) the rule involved;
(b) the reason for the desired change;
(c) the parties that will or can be affected by the petitioned change; and
(d) any additional facts known to the petitioner that might influence the decision of the Chief Judge to initiate rulemaking.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.04 - Declaratory Rulings

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
A declaratory ruling must affect a specific fact situation and specific parties, including the person requesting the ruling. The Chief Judge shall not issue a declaratory ruling on an issue in a matter pending before a Judge or on a hypothetical fact situation.
(2)
Petition for Declaratory Ruling.
(a) To petition for a declaratory ruling as to the applicability of a statute or rule, a petitioner shall submit a written petition to the Chief Judge. The petition shall state all of the facts, including the names of those parties involved in the fact situation, and shall include a statement of the legal issue to be resolved.
(b) The petitioner shall serve a copy of the petition on all persons involved in the fact situation by personal delivery or first class mail, and shall attach to the petition a certificate or acknowledgment of service.
(c) Any person may seek to participate in a declaratory ruling proceeding in the matter and under the standards provided by O.C.G.A. §
										50-13-14.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.05 - Continuing Judicial Education

Current through Rules and Regulations filed through June 27, 2024
(1) The minimum continuing judicial education requirement for a Judge is as follows:
(a) A Judge shall obtain twelve (12) hours of credit annually for instruction from an approved continuing judicial or legal education program.
(b) A Judge who earns more than twelve (12) hours of credit in a year may, with express approval of the Chief Judge, apply the excess credit to the requirement for the succeeding year.
(c) Of the twelve (12) hours of credit obtained each year, at least one (1) hour of credit shall relate to the Code of Judicial Conduct.
(d) The Chief Judge may exempt a Judge from the continuing judicial education requirement upon a finding of undue hardship. To obtain an exemption, a Judge shall file a request for exemption with the Chief Judge no later than the first day of December for the year the exemption is sought.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.06 - Code of Judicial Conduct

Current through Rules and Regulations filed through June 27, 2024
The Georgia Code of Judicial Conduct shall apply to all Judges of the Administrative Court.
O.C.G.A. §
											50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-1 - ORGANIZATION OF OSAH › Rule 616-1-1-.07 - Oath of Office

Current through Rules and Regulations filed through June 27, 2024
Judges of the Administrative Court shall take the oath prescribed for judges of the Georgia superior courts.
O.C.G.A. §
											50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
All terms used in this Chapter shall be interpreted in accordance with the definitions set forth in the Georgia Administrative Procedure Act ("APA"), O.C.G.A. Title 50, Chapter 13 and as herein defined:
(1) "Administrative Court" or "Court" means either the Office of State Administrative Hearings, which is part of the executive branch of state government; or a Judge of the Office of State Administrative Hearings.
(2) "Agency" means any officer, department, division, bureau, board, commission, or entity in the executive branch of state government subject to the Administrative Court's jurisdiction.
(3) "Clerk" means the Chief Clerk or the Deputy Chief Clerk of the Court.
(4) "Contested Case" means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.
(5) "CPA" means the Civil Practice Act, O.C.G.A. Title 9, Chapter 11.
(6) "Judge" means the Chief Judge, Deputy Chief Judge, an Assistant Administrative Law Judge, or other person appointed by the Chief Judge to preside over a hearing.
(7) "License" means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.
(8) "Person" means any individual, agency, partnership, firm, corporation, association, or other entity.
(9) "Referring Agency" means the state agency for which an administrative hearing is being held.
(10) "State Holidays" means those days on which state offices and facilities are closed by order of the Governor pursuant to O.C.G.A. §
									1-4-1(a) -(b).
O.C.G.A. §
											50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.02 - Scope of Rules

Current through Rules and Regulations filed through June 27, 2024
(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.
O.C.G.A.
				 §§
											50-13-40(c);  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.03 - Commencing a Contested Case

Current through Rules and Regulations filed through June 27, 2024
(1)
Agency Referrals.
Except as provided in section (2) of this Rule, or unless otherwise provided by law, whenever an agency receives a request for a hearing in a contested case, the agency shall submit the hearing request to the Court within a reasonable period of time not to exceed thirty (30) calendar days after the agency's receipt of the request. The Chief Judge may prescribe the means by which referrals are accepted.
(2)
Petition for Direct Appeal.
(a) If an agency fails to forward a hearing request to the Court within thirty (30) calendar days after receipt of the request, or a shorter period prescribed by law, the party requesting the hearing may file a petition for a direct appeal with the Court.
(b) The petition for direct appeal must include:
1. The petitioner's name and mailing address;
2. The name of the agency that received the petitioner's hearing request;
3. The date the petitioner submitted the hearing request to the agency; and
4. A brief description of the adverse action that prompted the petitioner's hearing request.
(c) A copy of the petition for direct appeal shall be sent to the agency. Unless otherwise ordered, the agency shall have ten (10) business days after receipt of the petition to respond to the petition for direct appeal.
(d) The Court shall issue a written determination granting or denying the petition within a reasonable time. The granting or denial of the petition shall be within the Court's discretion. However, the Court's determination shall not be based on the merits of the contested case.
(e) If the Court grants the petition for direct appeal, the Court shall schedule the petitioner's case for a hearing. If the Court denies the petition, a hearing will not be scheduled.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.04 - Filing and Submitting Documents

Current through Rules and Regulations filed through June 27, 2024
(1)
Preparation of Documents
.
(a) All documents filed with the Court shall
				be in 8 1/2" x 11" format.
(b) All
				documents filed with the Court shall be signed by the person, attorney, or
				other authorized agent or representative filing the documents. By signing the
				documents, the signer certifies that he or she has read the documents, and is
				not filing the documents for any improper purpose.
(c) All documents filed with the Court shall
				include the name, address, telephone number, email address (if available), and
				representative capacity of the person filing the documents. Attorneys shall
				comply with the additional requirements prescribed by Rule 34.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.05 - Computing Time

Current through Rules and Regulations filed through June 27, 2024
(1) Any period of time set forth in these Rules shall begin on the first day following the day of the act that initiates the time period. When the last day of the time period is a day on which the Court is closed, the time period shall run until the end of the next business day.
(2) Whenever a party has a right or requirement to act or respond to service of notice or other document by another party within a period prescribed by these Rules and not otherwise specified by law, three (3) calendar days shall be added to that prescribed period if the notice or document is served by first class mail.
(3) For good cause shown, the Court, either on its own motion or on a party's motion, may change any time limit prescribed or allowed by these Rules that is not otherwise specified by law. The Court shall notify all parties of any determination to change a time period.
O.C.G.A. §§
											50-13-40(c);  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.06 - Electronic Filing via the Court's Electronic Filing System

Current through Rules and Regulations filed through June 27, 2024
(1)
Availability
. Electronic filing may be available
				for certain classes of cases via the Court's electronic filing system. Where
				available, a document may be filed using this system, unless such filing is
				expressly prohibited by law, these Rules, or by court order.
(2)
Sealed documents
				and
in camera
review
. Filing via the Court's
				electronic filing system is expressly prohibited for documents that, according
				to law or by court order, must be filed under seal or are being presented to
				the Court for
in camera
review.
(3)
Service
.
				Documents filed via the Court's electronic filing system shall comply with the
				service requirements in Rule 11.
(4)
System outage or
				errors
. If electronic filing is prevented or delayed because of
				a failure of the electronic filing system, the filer remains responsible for
				filing in a timely matter by another means outlined in Rule 4(2)(b). The Court
				also has discretion, upon a showing of providential cause, to enter appropriate
				relief such as the allowance of filings
nunc pro tunc
or the
				provision of extensions to respond.
(5)
Misfiled or otherwise
				deficient or defective filings
. Upon filing of a document via
				the Court's electronic filing system, a Court staff member shall review the
				document before formally accepting it into the case file. If Court staff
				determine the document was misfiled or is otherwise deficient or defective, the
				document shall not be added to the case file, and the filer shall receive
				notice of its rejection. The filer shall retain opportunity to cure and refile
				a rejected document. The Court shall retain a record of accepted and rejected
				documents, including the date, time, and reason for rejection. Such records
				shall be maintained until a case is finally concluded including the exhaustion
				of all appeals. Absent a court order to the contrary, or where prohibited by
				law, such records shall be accessible to the parties and public upon request
				without the necessity for a subpoena.
(6)
Force and
				effect
.
Electronically filed court records
				have the same force and effect and are subject to the same right of public
				access as are documents filed by traditional means.
O.C.G.A. §§
											50-13-40(c);
				  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.07 - Burden of Proof

Current through Rules and Regulations filed through June 27, 2024
(1) The agency shall bear the burden of proof in all matters except that:
(a) a party challenging the issuance, revocation, suspension, amendment, or non-renewal of a license who is not the licensee shall bear the burden;
(b) an applicant for a license that has been denied shall bear the burden;
(c) any licensee that appeals the conditions, requirements, or restrictions placed on a license shall bear the burden;
(d) an applicant for, or recipient of, a public assistance benefit shall bear the burden unless the case involves an agency action reducing, suspending, or terminating a benefit; and
(e) a party raising an affirmative defense shall bear the burden as to such affirmative defense.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.08 - Pleadings; Amendments to Pleadings

Current through Rules and Regulations filed through June 27, 2024
A statute, rule, or order of the Court may require a party to file a pleading. A party may amend a pleading without leave of the Court until the tenth calendar day prior to the date set for hearing on the matter, unless otherwise ordered by the Court. Thereafter, a party may amend a pleading only by written consent of the opposing party or by leave of the Court for good cause shown. If a party amends a pleading to which the opposing party is required to respond or reply, a response or reply to the amendment shall be filed within seven (7) calendar days of service of the amendment unless otherwise ordered by the Court.
O.C.G.A. §§
											50-13-13;  50-13-40(c);  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.09 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
As soon as practicable after a case is commenced, the Court shall issue a Notice of Hearing to the parties for the purpose of setting forth the date, time, and location of the hearing.
O.C.G.A. §§
											50-13-13;  50-13-40(c);  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.10 - Ex Parte Communications

Current through Rules and Regulations filed through June 27, 2024
(1) Once a case is before the Court, no person shall communicate with the assigned Judge relating to the merits of the case without the knowledge and consent of all other parties to the matter, provided that:
(a) the Judge may communicate with other Judges relating to the merits of cases at any time; or
(b) where circumstances require, ex parte communications are authorized for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits, provided that
1. the Judge reasonably believes that no party will gain procedural or tactical advantage as a result of the ex parte communication; and
2. the Judge makes provision to promptly notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.11 - Service

Current through Rules and Regulations filed through June 27, 2024
(1) A party filing a document or other
				submission with the Court shall simultaneously serve a copy of the document or
				submission on each party of record or, if the party of record is represented,
				on the party's attorney or other person authorized by law to represent the
				party.
(2) Service shall be by
				first class mail, fax, email, personal delivery, or electronic service via the
				Court's electronic filing system.
(a)
First class mail
. Service by first class mail
				shall be complete upon mailing, with proper postage attached.
(b)
Electronic service via the
				Court's electronic filing system
.
(i) Electronic service via the Court's
				electronic filing system may be made available for certain classes of contested
				cases.
(ii) Upon filing a document
				with the Court's electronic filing system, that document is deemed served on
				all persons who have opted to receive service through the electronic filing
				system for that contested case. All other persons must be served by alternative
				means.
(iii) A person may opt to
				receive electronic service in a contested case by making this selection within
				the Court's electronic filing system. That election may be rescinded at any
				time.
(iv) If electronic service is
				prevented or delayed because of a failure of the electronic filing system, the
				filer remains responsible for serving parties in a timely matter by another
				means outlined in this Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.12 - Consolidation; Severance

Current through Rules and Regulations filed through June 27, 2024
(1)
Consolidation.
In cases involving common issues of law or fact, the Court may order a joint hearing to expedite or simplify consideration of any or all of the issues in such cases.
(2)
Severance.
If the Court determines that it would be more conducive to an expeditious, full, and fair hearing for any party or issue to be heard separately, the Court may sever the party or issue for a separate hearing.
O.C.G.A. §§
											50-13-13(a)(6);  50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.13 - Substitution of Parties; Intervention; Joinder

Current through Rules and Regulations filed through June 27, 2024
(1)
Substitution.
The Court may, upon motion, permit the substitution of a party as justice requires.
(2)
Intervention.
(a) A person seeking to intervene shall file a motion in accordance with Rule 16 stating the specific grounds for intervention and attach a pleading setting forth the claim or defense for intervention. The granting or denial of the motion to intervene shall be governed by the APA.
(b) To avoid undue delay or prejudice to the original parties, the Court may limit the factual or legal issues that may be raised by an intervenor.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.14 - Conferences; Prehearing Proposals; Exchanging Exhibits and Witness Lists

Current through Rules and Regulations filed through June 27, 2024
(1)
Conferences.
The Court, at its discretion, may order the parties to appear at a specified time and place for one or more conferences before or during a hearing.
(a) Conferences may be held to consider the following:
1. a schedule for prehearing procedures, including the submission and disposition of all prehearing motions;
2. simplification, clarification, amplification, or limitation of the issues;
3. necessity or desirability of amendments to the pleadings;
4. evidentiary matters, such as:
(i) identification of documents expected to be tendered by a party;
(ii) admissions and stipulations of facts and the genuineness and admissibility of documents, which will avoid unnecessary proof;
(iii) identification of persons expected to be called as witnesses by a party and the substance of the anticipated testimony;
(iv) identification of expert witnesses expected to be called by a party to testify and the substance of the facts and opinions to which the expert witness is expected to testify, and a summary of the grounds for each opinion; and
(v) objections to the introduction of any written testimony, documents, papers, exhibits, or other submissions proposed by any party;
5. matters for which official notice is sought; and
6. other matters that may expedite hearing procedures or that the Court otherwise deems appropriate.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.15 - Summary Determination

Current through Rules and Regulations filed through June 27, 2024
(1)
Motion
.
A party may move, based
				on supporting affidavits or other probative evidence, for summary determination
				in its favor on any of the issues being adjudicated, on the basis that there is
				no genuine issue of material fact for determination and the moving party is
				entitled to prevail as a matter of law.
(a)
				There shall be included in the motion or attached thereto a separate, concise,
				and numbered statement of each of the material facts as to which the moving
				party contends there is no genuine issue for determination. Each numbered
				material fact must be supported by a citation to evidence proving such fact.
				The Court will not consider any fact that
1.
				lacks citation to supporting evidence;
2. is stated as an issue or legal conclusion;
				or
3. is set out only in a brief
				and not in the moving party's statement of undisputed facts.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.16 - Motions

Current through Rules and Regulations filed through June 27, 2024
(1) All requests made to the Court shall be made by motion.
(a) Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefor, and shall describe the action or order sought.
(b) A copy of all written motions shall be served in accordance with Rule 11.
(c) Unless otherwise provided, all motions shall be filed at least ten (10) calendar days prior to the date set for hearing unless the need or opportunity for the motion could not reasonably have been foreseen. Such motions shall be filed as soon as the need or opportunity for the motion becomes reasonably foreseeable.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.17 - Withdrawal of Hearing Request; Settlement

Current through Rules and Regulations filed through June 27, 2024
(1)
Withdrawal of Hearing Request.
A party requesting a hearing may withdraw the request for hearing at any time, in writing or otherwise, whereupon the Court shall enter an order of dismissal either with prejudice or without prejudice.
(2)
Settlement.
The parties may agree to settle the matters in dispute at any time, whereupon the Court, upon receiving notification of such settlement, shall enter an order of dismissal with prejudice.
O.C.G.A. §§
											50-13-13(a)(4), (6);  50-13-40(c).