Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-40 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 480-40-.04 - Witness Lists and Respondent Statements

Current through Rules and Regulations filed through June 27, 2024
(1) Should a party seek a list of the names
			 of witnesses, including experts, whom another party expects to call or may call
			 on its behalf, the party seeking the list must communicate the request in
			 writing (by mail, personal service, or electronically) to the other party at
			 least fourteen (14) days prior to the hearing. Such a request must also be
			 filed with the Executive Director, Board of Pharmacy, 2 Peachtree Street,
			 6th Floor, Atlanta, GA 30303. The party of whom the
			 information is requested shall, within a reasonable time prior to the
			 commencement of the hearing but at least ten (10) days prior to the hearing,
			 provide such a list to the requester.
(2) The parties may also, within a reasonable
			 period of time prior to the hearing, exchange copies of documents and designate
			 documents already in the possession of the other party which are intended to be
			 introduced as evidence at the hearing. Upon request, the parties shall make
			 available to each other for inspection, copying, testing or sampling any
			 tangible item intended to be introduced as evidence, within a reasonable period
			 of time prior to the hearing. Where a party seeks documents or other evidence
			 already in the possession of the other party which are intended to be
			 introduced as evidence at the hearing, the party seeking the documents must
			 communicate a request for the evidence in writing (by mail, personal service,
			 or electronically) to the other party at least fourteen (14) days prior to the
			 hearing. Such a request must also be filed with the Executive Director, Board
			 of Pharmacy, 2 Peachtree Street, 6th Floor, Atlanta, GA 30303. The party of
			 whom the information is requested shall, within a reasonable time prior to the
			 commencement of the hearing but at least ten (10) days prior to the hearing,
			 provide such evidence to the requester or file a motion seeking an order to
			 quash the request.
(3) If a
			 licensee makes a general or specific written request to the Board for
			 exculpatory, favorable, or arguably favorable evidence that is relative to
			 pending allegations concerning the licensee, the Board must furnish the
			 requested information, indicate that no such information exists, or refuse to
			 furnish the information requested prior to a hearing.
(a) The Board is not required to furnish
			 information made confidential by state or federal law, until such requested
			 information has been determined to be exculpatory, favorable, or arguably
			 favorable pursuant to the
in camera
procedure specified in
			 part (b) of this subsection.
(b)
			 Once the Board has furnished exculpatory, favorable, or arguably favorable
			 information, has indicated that no such information exists, or has refused to
			 furnish such information, a licensee may request a prehearing
in camera
inspection of the remainder of the investigative file by the Board or
			 its designee. The Board or its designee shall furnish the licensee with all
			 material that would aid in the licensee's defense that is exculpatory,
			 favorable, or arguably favorable. The Board or its designee shall seal a copy
			 of the entire investigative file in order to preserve it in the event of an
			 appeal.