reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.04 - Changes of Time

Current through Rules and Regulations filed through June 27, 2024
For good cause shown, the Hearing Officer may change, either
				 on the Hearing Officer's own motion or on the motion of any party, any time
				 limit prescribed or allowed by these Rules that is not otherwise specified by
				 law. The Hearing Officer shall notify all parties of any determination to
				 change any time limit.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.05 - Burden of Proof; Admissibility of Copies of Records

Current through Rules and Regulations filed through June 27, 2024
(1) The party
				representing the Secretary of State, and his or her staff, shall bear the
				burden of proof in all matters except that:
(a) In any case involving the imposition of
				civil penalties, an administrative enforcement order, or the revocation,
				suspension, amendment, or non-renewal of a registration, the holder of the
				registration or the person from whom civil penalties are sought, or against
				whom an order is issued, shall bear the burden as to any affirmative defenses
				he, she, or it raises;
(b) Any
				party challenging the issuance, revocation, suspension, amendment, or
				non-renewal of a registration who is not the registrant shall bear the
				burden;
(c) Any applicant for a
				registration that has been denied shall bear the burden. Any registrant that
				appeals the conditions, requirements, or restrictions placed on a registration
				shall bear the burden; and
(d) In
				any case involving the imposition of civil penalties, an administrative
				enforcement order, or the revocation, suspension, amendment, or non-renewal of
				a registration, the registrant or the person from whom civil penalties are
				sought, or against whom an order is issued, shall bear the burden of proving
				any exemption or exception from a definition.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.06 - Amendments to Pleadings

Current through Rules and Regulations filed through June 27, 2024
In the event any pleading is required by the Hearing Officer,
				 any party may amend such a pleading without leave of the Hearing Officer until
				 the tenth (10th) day prior to the date set for
				 hearing on the matter, or until the entry of a prehearing order, whichever
				 occurs first. Thereafter, a party may amend his, her, or its pleadings only by
				 written consent of the adverse party or by leave of the Hearing Officer for
				 good cause shown. If an amendment is made to any pleading to which a response
				 or reply is required, a response or reply to such amendment shall be filed
				 within seven (7) days after service of the amendment, unless otherwise ordered
				 by the Hearing Officer.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.07 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) As soon as practicable after the receipt
				of a request for a hearing, either by the Respondent or the Secretary of
				State's staff ("Staff"), and the filing of any responsive pleading(s), the
				Hearing Officer shall issue a notice of hearing, which shall include:
(a) the time, place, and nature of the
				hearing;
(b) the legal authority
				and jurisdiction pursuant to which the hearing was requested;
(c) the specific laws and rules
				involved;
(d) a short and plain
				statement of the matters asserted;
(e) the right of parties to subpoena
				witnesses and documentary evidence, to be represented by legal counsel, and to
				respond, and present evidence on, all issues involved; and
(f) the potential consequences of a failure
				by any Respondent to attend a hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.08 - Ex parte Communications

Current through Rules and Regulations filed through June 27, 2024
(1) Commencing with the filing of a request
				for a hearing, no person shall communicate ex parte with the Hearing Officer
				relating to the merits of the proceeding without the knowledge and consent of
				all other parties to the matter until the matter is no longer pending in any
				administrative or judicial forum; provided that:
(a) Where circumstances require, ex parte
				communications for scheduling, administrative, or procedural requirements or
				purposes, or emergencies that do not deal with substantive matters or issues on
				the merits of the case are authorized; if:
1.
				the Hearing Officer reasonably believes that no party will gain procedural or
				tactical advantage as a result of the ex parte communication, and
2. if appropriate under the circumstances,
				the Hearing Officer makes provision promptly to notify all other parties of the
				substance of the ex parte communication and allows all other parties an
				opportunity to respond; and
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.09 - Service

Current through Rules and Regulations filed through June 27, 2024
(1) A party filing
				any submission under this Rule shall simultaneously serve a copy of the
				submission upon each party of record. Service shall be made by mail or personal
				delivery. Service by mail shall be complete upon mailing by first class mail,
				with proper postage affixed, to a party's address of record.
(2) Every submission shall be accompanied
				either by an acknowledgment of service from the person served, or his, her, or
				its authorized agent for service, or by a certificate of service stating the
				date, place and manner of service and the name and address of the persons
				served.
(3) The Clerk shall
				maintain, and upon request furnish to parties of record in a matter, a list
				containing the name, service address, and telephone number of each other party
				or his, her, or its attorney or duly authorized representative.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.10 - Consolidation and Severance

Current through Rules and Regulations filed through June 27, 2024
(1) In proceedings involving common issues of
				law or fact, whenever it appears to the Hearing Officer that a joint hearing
				would serve to expedite or simplify consideration of those issues and that no
				party would be prejudiced thereby, the Hearing Officer may, upon motion of any
				party or the Hearing Officer, consolidate such proceedings for hearing on any
				or all of the common issues in such proceedings.
(2) Whenever the Hearing Officer determines
				that it would be more conducive to an expeditious, full and fair hearing for
				any party or issue to be heard in separate proceedings, the Hearing Officer
				may, upon motion of any party or the Hearing Officer, sever the party or issue
				for such separate hearing.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.11 - Substitution of Parties; Intervention

Current through Rules and Regulations filed through June 27, 2024
(1) The Hearing Officer may, upon motion,
				permit substitution of parties, as justice requires.
(2) Any person seeking to intervene shall
				file a motion stating the specific grounds upon which intervention is sought
				and attaching a pleading setting forth the claim or defense for which
				intervention is sought. The grant or denial of such a motion shall be governed
				by the APA. In order to avoid undue delay or prejudice to the adjudication of
				the rights of the original parties, the Hearing Officer may limit the factual
				or legal issues that may be raised by an intervenor.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.12 - Prehearing Conferences

Current through Rules and Regulations filed through June 27, 2024
(1) The Hearing Officer may, either on the
				Hearing Officer's own initiative or at the request of any party, direct the
				parties, their attorneys, or their duly authorized representatives to appear at
				a specified time and place for one or more conferences before or during a
				hearing or to submit written proposals or correspondence for the purpose of
				considering any of the matters set forth in paragraph (2) of this Rule. At the
				discretion of the Hearing Officer, prehearing conferences may be conducted in
				whole or in part via telephonically.
(2) In conferences held, or in proposals
				submitted, pursuant to paragraph (1) of this Rule, the following matters may be
				considered:
(a) settlement of the
				matter;
(b) use of a schedule for
				the completion of prehearing procedures and the submission and disposition of
				all prehearing motions;
(c)
				simplification, clarification, amplification, or limitation of the
				issues;
(d) the identification of
				documents expected to be tendered by any party;
(e) admissions and stipulations of facts and
				of the genuineness and admissibility of documents;
(f) the identification of persons expected to
				be called as witnesses by any party and the substance of their anticipated
				testimony;
(g) the identification
				of expert witnesses expected to be called by any 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;
(h) matters of which official notice by the
				Hearing Officer is sought;
(i)
				objections to the introduction into evidence at the hearing of any written
				testimony, documents, papers, exhibits or other submissions proposed by any
				party; and
(j) such other matters
				as may expedite the adjudication of the matter or that the Hearing Officer
				otherwise deems appropriate.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.14 - Motions

Current through Rules and Regulations filed through June 27, 2024
(1) An application
				to the Hearing Officer for an order requiring any party to take any action or
				for the entry of any interlocutory ruling shall be made by motion. Unless made
				during the hearing, motions shall be in writing, shall state specifically the
				grounds therefore and shall describe the action or order sought. A copy of any
				written motion shall be served upon all parties.
(2) Within ten (10) days after service of any
				written motion, any party to the proceedings may file a response to the motion.
				The time for response may be shortened or extended by the Hearing Officer for
				good cause shown. Any party desiring resolution of a motion prior to the
				expiration of the ten (10) day response period shall file a written request for
				expedited consideration with the motion.
(3) Unless otherwise provided by the Hearing
				Officer, the Act, or the Rules relating to a specific type of motion, all
				motions shall be filed at least ten (10) days prior to the date set for hearing
				unless the need or opportunity for the motion could not reasonably have been
				foreseen ten (10) days prior to said date in which case the motion shall be
				filed or presented as soon as possible after the need or opportunity for the
				motion becomes reasonably foreseeable.
(4) All motions and responses shall include,
				or be accompanied by, citations of supporting authorities, and, when a motion
				depends upon factual allegations, supporting affidavits or citations to
				evidentiary materials of record.
(5) The Hearing Officer may, either upon the
				Hearing Officer's own initiative or at the request of any party, determine
				whether the nature and complexity of the motion justifies a hearing on the
				motion and notify the parties accordingly. A request for a hearing on a motion
				must be made in writing and filed by the date the response to the motion is to
				be filed. The Hearing Officer shall give notice of a hearing on a motion at
				least five (5) days prior to the date set for the hearing. At the discretion of
				the Hearing Officer, such hearings may be conducted, in whole or in part, via
				telephonic conference. If a hearing on a motion is not requested or deemed
				justified, the Hearing Officer shall rule upon the motion forthwith.
(6) Multiple motions may be consolidated for
				hearing or heard at a prehearing conference. The Hearing Officer may request
				submission of briefs, oral argument, or both, either in support of, or in
				opposition to, any motion.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.15 - Withdrawal of Request for Hearing; Settlement

Current through Rules and Regulations filed through June 27, 2024
(1) The party requesting the hearing may
				withdraw a request for hearing at any time, whereupon the Hearing Officer may
				enter an order dismissing the matter.
(2) The parties may, at any time, present to
				the Hearing Officer, a proposed settlement proposal. Upon receipt of such a
				proposal, the Hearing Officer may accept or reject such proposal.
(3) Nothing herein shall preclude the
				Secretary of State from resolving, in his or her sole discretion, any contested
				case by consent order or other appropriate action.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.18 - Depositions and Written Questions to Secure Testimony

Current through Rules and Regulations filed through June 27, 2024
(1) Any time during
				the course of a proceeding, the Hearing Officer may, in the Hearing Officer's
				discretion, order that the testimony of a witness be taken by deposition or on
				written questions. Application to take a deposition in lieu of personal
				appearance at the hearing shall be made by motion filed with the Clerk and
				served upon all parties. Such motion shall state the name and address of the
				witness, the time when, the place where, and the subject matter about which the
				witness would be deposed, the relevance of such testimony, and the specific
				reason why the witness cannot, or will not, appear to testify at the
				hearing.
(2) In the exercise of the
				Hearing Officer's discretion in deciding whether to order testimony by
				deposition, the Hearing Officer may consider, among other factors:
(a) whether requiring the appearance of a
				witness subject to subpoena would endanger the witness's health or work an
				undue hardship;
(b) whether a
				showing has been made that a non-resident potential witness, who is not subject
				to subpoena in this State and is willing to appear voluntarily to be deposed in
				the jurisdiction of the witness's residence, would be subject to being
				compelled to appear and be deposed under any law in the jurisdiction of the
				witness's residence (e.g., a Uniform Foreign Depositions Act); or
(c) whether ordering the taking of testimony
				by deposition will result in an undue burden on any other party, an undue delay
				in the proceeding, or any injury to other parties from the delay.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.19 - Nature of Proceedings

Current through Rules and Regulations filed through June 27, 2024
(1) In any hearing conducted under the Act
				and these Rules, the Hearing Officer shall make an independent determination on
				the basis of the competent evidence presented at the hearing.
(2) Unless otherwise provided by federal or
				state statute or rule, the standard of proof on all issues in a hearing shall
				be a preponderance of the evidence.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.20 - Hearing Procedure

Current through Rules and Regulations filed through June 27, 2024
(1) The Hearing Officer shall conduct a fair
				and impartial hearing, take action to avoid unnecessary delay in the
				disposition of the proceedings, and maintain order. For these purposes, the
				Hearing Officer may:
(a) arrange for, and
				issue, notices of the date, time, and place of hearings and
				conferences;
(b) establish the
				methods and procedures to be used in the development of the evidence;
(c) hold 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 other procedural matters before the Hearing Officer, including, but not
				limited to, motions to dismiss for lack of jurisdiction or motions 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 such cross-examination as may be
				required for a full and true disclosure of facts;
(l) order that any information so entitled
				under applicable state or federal rule or statute be treated as confidential or
				privileged 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 committed
				in the Hearing Officer's presence;
(n) subpoena and examine any witnesses or
				evidence the Hearing Officer believes necessary for a full and complete record;
				and
(o) take any action not
				inconsistent with the Act and these Rules or the APA for the maintenance of
				order at the hearing and for the expeditious, fair, and impartial conduct of
				the proceeding.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.21 - Record of Hearings

Current through Rules and Regulations filed through June 27, 2024
(1) All intermediate rulings, orders, and
				notices issued by the Hearing Officer, all pleadings and motions, all
				recordings or transcripts of oral hearings or arguments, all written direct and
				rebuttal testimony, any other data, studies, reports, documentation,
				information and other written material of any kind submitted in the
				proceedings, a statement of matters officially noticed, all proposed findings,
				conclusions, and briefs and a Final Order of the Hearing Officer shall be a
				part of the hearing record and shall be available to the public, except as
				provided in any applicable federal or state statute or rule according
				confidentiality or privileged treatment, in the office of the Clerk as soon as
				received in that office.
(2)
				Evidentiary hearings shall be either stenographically reported verbatim or tape
				recorded. Upon written request, a transcript of any oral proceeding, or part
				thereof, shall be furnished to any party at the requesting party's
				expense.
(3) All documentary and
				physical evidence shall be retained by the Clerk.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.22 - Proposed Findings of Fact, Conclusions of Law, and Briefs

Current through Rules and Regulations filed through June 27, 2024
At the conclusion of the hearing, the Hearing Officer may
				 require the parties to submit proposed findings, conclusions, and briefs in
				 support thereof. If required, the Hearing Officer shall specify the date by
				 which the findings, conclusions, and briefs in support shall be filed with the
				 Clerk and served on all parties. Reply briefs may be allowed in the sole
				 discretion of the Hearing Officer.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.23 - Newly Discovered Evidence

Current through Rules and Regulations filed through June 27, 2024
Prior to the entry of the Hearing Officer's final order, any
				 party may move the Hearing Officer for an order allowing the introduction of
				 additional, newly discovered evidence that was not discoverable in the exercise
				 of reasonable diligence at the time of the hearing. If the Hearing Officer
				 determines that such evidence is proper newly discovered evidence that may
				 materially impact upon the decision to be rendered, the Hearing Officer shall
				 hear and receive such evidence in the manner prescribed for the receipt of
				 evidence by these Rules.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.24 - Closure of Hearing Record

Current through Rules and Regulations filed through June 27, 2024
Except as provided in this Rule or unless otherwise ordered
				 by the Hearing Officer, the record shall be closed at the conclusion of the
				 evidentiary hearing. If the Hearing Officer requests the preparation of a
				 transcript or requires or authorizes the filing of proposed findings of fact,
				 conclusions of law, or post-hearing briefs, the record shall be deemed closed
				 upon the receipt by the Clerk of the transcript or upon the expiration of the
				 time allowed for the required or authorized filings, whichever date comes
				 later.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.25 - Final Order of the Hearing Officer

Current through Rules and Regulations filed through June 27, 2024
The Hearing Officer shall review and evaluate all the
				 evidence and any interlocutory rulings, and shall either rule orally from the
				 bench, stating findings of fact, conclusions of law, and a decision or order in
				 the record, or may issue and file written findings, conclusions, and a decision
				 or order with the Clerk, who shall immediately serve copies upon all parties or
				 their counsel of record. The Hearing Officer shall render his or her final
				 order within the time provided by applicable state or federal statute or rule
				 or, in any event, within thirty (30) days after the close of the hearing record
				 unless the Hearing Officer determines that the complexity of the issues and the
				 length of the record require an order extending such period, in which event the
				 Hearing Officer shall render a decision or final order at the earliest date
				 practicable.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.26 - Motions for Reconsideration or Rehearing; Stay of Decision

Current through Rules and Regulations filed through June 27, 2024
(1) A motion for
				reconsideration or rehearing of a decision or final order will be considered
				only if the motion is filed within ten (10) days of the entry of the decision
				or final order. However, the time for filing such a motion may be extended by
				the Hearing Officer for good cause.
(2) The filing of such a motion shall not
				operate as a stay of enforcement of the Hearing Officer's decision or final
				order. But, the Hearing Officer may grant a stay upon appropriate terms, for
				good cause shown, if the Hearing Officer finds that the public safety and
				welfare will not be harmed by the issuance of a stay.
(3) The Hearing Officer shall not grant a
				motion for rehearing until after the expiration of the period for a response by
				any other party.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.27 - Default

Current through Rules and Regulations filed through June 27, 2024
(1) If a party
				fails to participate in any stage of a proceeding, fails to file any pleading
				required by the Hearing Officer under the Act or these Rules or any other
				applicable law or agency rule, or fails to comply with an order or subpoena
				issued by the Hearing Officer, the Hearing Officer, either on the Hearing
				Officer's own motion or on the motion of any party, may enter an order
				resulting in default against the offending party. Any such order shall specify
				the grounds for the order.
(2) Any
				default order may provide for a default as to all issues, a default as to
				specific issues, or other limitations, including limitations on the
				presentation of evidence and on the defaulting party's continued participation
				in the proceeding. In determining whether to enter a default and in considering
				the appropriate penalty for a default, the Hearing Officer shall give due
				regard for the interests of justice, the nature of the failure of the party in
				default, and the need for the orderly and prompt conduct of the
				proceeding.
(3) Within ten (10)
				days of the entry of a default order, the party against whom it was issued may
				file a written motion requesting that the order be vacated or modified and
				stating the grounds for said motion. The Hearing Officer may allow a default to
				be opened where the failure of the party in default was the result of
				providential cause or excusable neglect or where the Hearing Officer, from all
				the facts, determines that a proper case has been made for the default to be
				opened on terms to be fixed by the Hearing Officer.
(4) After issuing a default order, the
				Hearing Officer shall conduct any further proceedings necessary to complete the
				proceeding without the participation of the party in default, or with such
				limited participation as determined appropriate under paragraph (2) of this
				Rule, and shall determine all issues in the proceeding, including those
				affecting the party in default.
(5)
				If a party fails to attend an evidentiary hearing after having been given
				written notice thereof, the Hearing Officer may proceed with the hearing in the
				absence of the party unless the absent party is the party who requested the
				hearing, in which case, the Hearing Officer may dismiss the action on the
				motion of any other party or on the Hearing Officer's own motion. Failure of a
				party to appear at the time set for hearing shall constitute a failure to
				attend unless excused by the Hearing Officer for good cause.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.28 - Emergency and Expedited Proceedings

Current through Rules and Regulations filed through June 27, 2024
Whenever any hearing is required by law to be held pursuant
				 to an expedited time frame inconsistent with these Rules, or whenever the
				 Hearing Officer, either on motion of any party or on the Hearing Officer's own
				 motion, determines that an expedited time frame is necessary to protect the
				 interests of the parties or the public safety or welfare, the Hearing Officer
				 shall require expedited filing of pleadings and shall conduct the hearing in
				 such manner as justice requires.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.29 - Appearance by Attorneys; Signing of Pleadings

Current through Rules and Regulations filed through June 27, 2024
(1) Except as authorized in paragraph (2) of
				this Rule, or where specifically authorized by an applicable federal or Georgia
				statute or rule, no person shall represent any party in a proceeding before the
				Hearing Officer unless the person is an active member in good standing of the
				State Bar of Georgia and has filed an entry of appearance in the case in the
				attorney's individual name. An entry of appearance shall not be required if a
				pleading, motion, or other paper has previously been filed on the case by the
				attorney of record pursuant to paragraph (3) of this Rule.
(2) Nonresident attorneys who are not active
				members of the State Bar of Georgia may be permitted to appear before the
				Hearing Officer in isolated cases upon motion to, and in the discretion of, the
				Hearing Officer. A motion to appear in a particular case shall state that the
				movant is an active member in good standing of the bar of the jurisdiction in
				which the movant regularly practices and that the movant agrees to behave in
				accordance with the Georgia standards of professional conduct and the duties
				imposed upon attorneys by Code Section
				 15-19-4.
(3) Every pleading, motion, or other paper of
				a party represented by an attorney shall be signed by at least one attorney of
				record in the attorney's individual name, whose address shall be stated. A
				party who is not represented by an attorney shall sign the party's pleadings
				and state the party's address. The signature of an attorney constitutes a
				certificate by the attorney that the attorney has read the pleading and that it
				is not interposed for any improper purpose, including, but not limited to,
				delay or harassment. If a pleading, motion, or other paper is signed in
				violation of this Rule, the Hearing Officer, upon motion of any party or upon
				the Hearing Officer's own motion, shall impose upon the person who signed it, a
				represented party, or both, an appropriate sanction, including, but not limited
				to, dismissal.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.30 - Involuntary Dismissal

Current through Rules and Regulations filed through June 27, 2024
After a party with the burden of proof has completed the
				 presentation of his, her, or its evidence, any other party, without waiving
				 his, her, or its right to offer evidence in the event the motion is not
				 granted, may move for dismissal on the ground that the party that has presented
				 his, her, or its evidence has failed to carry his, her, or its burden to
				 demonstrate his, her, or its right to some or all of the determinations sought
				 by that party. The Hearing Officer may then determine the facts and render a
				 Decision against the party that has presented its evidence as to any or all
				 issues or may decline to render a Decision until after the close of all the
				 evidence.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.31 - Request for Agency Records

Current through Rules and Regulations filed through June 27, 2024
(1) In any matter that could result in the
				revocation, suspension, or limitation of a registration, requests by the
				registrant for exculpatory, favorable, or arguably favorable information
				relative to any pending issues concerning the registration shall be governed by
				Code Section
				 50-13-18.
(2) In a pending proceeding or any other
				administrative proceeding authorized by the Act, a party may not access public
				records pertaining to the subject of the proceeding pursuant to the Act and
				these Rules without the prior approval of the Secretary of State, who shall
				consider such open record request in the same manner as any other request for
				information put forth by a party in such a proceeding.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.32 - Discovery

Current through Rules and Regulations filed through June 27, 2024
Discovery shall not be available in any proceeding before a
				 Hearing Officer except to the extent specifically authorized by a statute or
				 rule. Nothing in this Rule is intended to limit the provisions of Article 4 of
				 Chapter 18 of Title 50.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.33 - Continuances and Conflicts

Current through Rules and Regulations filed through June 27, 2024
(1) All motions for continuances shall be
				granted only upon a showing of good cause and shall not be granted simply
				because the parties and/or their counsel agree thereto. Among other factors the
				Hearing Officer may consider in connection with a motion for continuance are
				the impact of the continuance upon any parties who do not consent to the
				motion, the Hearing Officer's calendar, the difficulty in rescheduling the
				hearing site, the need for an expeditious resolution of the matter(s) at issue,
				and the public safety and welfare. A notice of conflict filed pursuant to
				paragraph (2) below shall not be considered as a motion for a continuance
				unless the notice expressly requests a continuance.
(2) In the event an attorney has a conflict
				involving an appearance in another legal proceeding, the requirements of the
				Uniform Rules for the Superior Courts shall be followed.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.34 - Withdrawals and Leaves of Absence

Current through Rules and Regulations filed through June 27, 2024
The withdrawal and leave of absence provisions of the Uniform
				 Rules for the Superior Courts shall be followed.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.02 - Delegation to Assistant Commissioner

Current through Rules and Regulations filed through June 27, 2024
The Assistant Commissioner is empowered to sign all
				 documents, make all decisions and perform all acts under the Act as is the
				 Commissioner. This power is to be exercised by the Assistant Commissioner
				 concurrently with the Commissioner, and all acts of the Assistant Commissioner
				 are of the same force and effect as such acts would be if performed by the
				 Commissioner.
O.C.G.A. Sec.
				  10-5-10,   10-5-70(f).
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations; Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Declaratory Rulings.
(a) Availability. Any person whose legal
				rights will be adversely impacted or impaired by the application of any
				statutory provision or any rule or order of the Commissioner may petition the
				Commissioner and request a declaratory ruling thereon. The Commissioner will
				not render advisory opinions, resolve questions that have become moot or are
				abstract or hypothetical, or otherwise act hereunder except with respect to
				such actual controversies or other cases that the Commissioner deems to be in
				the public interest, which shall be consistent with Code section
				 50-13-11.
(b) Form of Petition. Each such petition
				shall be filed with the Commissioner in writing and shall state:
1. The name and mailing address of the
				petitioner;
2. The full text of the
				statute, rule, or order upon which a ruling is requested;
3. A statement of all pertinent and existing
				facts necessary to a determination of the applicability of the quoted statute,
				rule, or order;
4. The petitioner's
				contention, if any, as to the aforesaid applicability with citation of legal
				authorities, if any, that authorizes, supports, or requires a decision in
				accordance therewith; and
5. A
				statement setting forth in detail the petitioner's interest in the matter and
				why and how the petitioner is uncertain or insecure with respect to his, her,
				or its rights. The petition shall be executed by the petitioner, or on behalf
				of the petitioner by a person legally authorized to represent the
				petitioner.
(c)
				Proceedings on Petition. If the Commissioner determines that a decision can be
				rendered on the face of the petition without further proceedings, he or she
				shall render a summary decision thereon. Otherwise, all parties known by the
				Commissioner to have a legal interest in the matter shall be notified and given
				an opportunity to be heard in a manner determined by the
				Commissioner.
(d) Fees. Prior to
				granting any petition for declaratory ruling, a fee in the amount of $500.00
				shall be paid to the Commissioner if the Commissioner determines that a
				decision can be rendered on the face of the petition without further
				proceedings. If a hearing on the petition is required, a reasonable charge will
				be assessed for the costs incurred.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.04 - Petition for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of Petition. Each petition for
				adoption of rules made pursuant to the Georgia Administrative Procedure Act
				shall be filed with the Commissioner in writing and shall state:
(a) The name, address, telephone number and
				email address of the petitioner;
(b) The full text of the rule requested to be
				amended or repealed or the full text of the rule desired to be
				promulgated;
(c) A statement of the
				reason the rule should be amended, repealed or promulgated, including a
				statement of all pertinent existing facts concerning the petitioner's interest
				in the matter; and
(d) Citations to
				legal authorities, if any, that authorize, support, or require the action
				requested by the petitioner. The petition shall be executed by the petitioner
				or on behalf of the petitioner by a person legally authorized to represent the
				petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.05 - Filing Date

Current through Rules and Regulations filed through June 27, 2024
An application, notice, or report under the Act shall not be
				 considered filed until all required forms and fees are received by the
				 Commissioner.
O.C.G.A. Secs.
				  10-5-10,   10-5-16,   10-5-70,   10-5-74.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.06 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, records, correspondence, reports, and other documents filed with
				the Commissioner pursuant to the various provisions of the Act may be
				maintained in original form or by means of microfilm, microfiche,
				micro-photographic reproduction, photographic reproduction, electronic imaging,
				word processing, computerization, or other acceptable reproductive
				methods.
(2) All books, records,
				correspondence, reports, or other documents produced pursuant to a subpoena, an
				order, or a notice to produce issued by the Commissioner may be destroyed by
				order of the Commissioner once the investigative file is closed if a demand for
				return is not made by the person producing such records at the time he, she, or
				it produces the records.
(3) Any
				photographic, electronic image, micro-photographic, or computer reproduction of
				any original writing or record filed with, or maintained by, the Commissioner,
				the CRD or IARD systems, or other filing depository designated by the
				Commissioner, shall be deemed to have been made in the regular course of
				business.
(4) Electronic
				Signatures.
(a) The Commissioner may direct
				his or her staff to affix his or her electronic signature to any document to
				which the Commissioner has the authority to affix his or her manual signature.
				Such electronic signature shall be of the same force and effect as the
				Commissioner's manual signature.
(b) The Assistant Commissioner may direct the
				Commissioner's staff to affix his or her electronic signature to any document
				to which the Assistant Commissioner has the authority to affix his or her
				manual signature. Such electronic signature shall be of the same force and
				effect as the Assistant Commissioner's manual signature.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-1 - GENERAL PROVISIONS › Rule 590-4-1-.07 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
(1) All
				investigations and investigative proceedings shall be private, unless the
				Commissioner determines that the protection of the public requires that all or
				part of an investigation or investigative proceeding be made public.
(2) Any securities agency or law enforcement
				agency receiving information or documents pursuant to Code Section
				 10-5-77 must make the representation required by that Code Section in the form of an
				access letter. The access letter shall be addressed to the Commissioner and
				signed by someone at the requesting agency in a position to guarantee the
				aforementioned representation. Access letters and the Commissioner's response
				shall be deemed part of an investigative file and shall be
				confidential.
(3) The Commissioner
				may disclose information or documents obtained in connection with an
				investigation under the Act to the extent provided in the Act and these Rules.
				The Commissioner may further disclose such information if disclosure is for the
				purpose of a civil, administrative, or criminal investigation or proceeding.
				Any securities agency or law enforcement agency receiving such information or
				documents must represent that, under the applicable law, protections exist to
				preserve the integrity, confidentiality, and security of the
				information.
(4) Notices,
				administrative orders and public notices and investor alerts issued by the
				Commissioner shall constitute public information under the Act and these
				Rules.
O.C.G.A. Secs.
				  10-5-10,   10-5-11,   10-5-70,   10-5-71,   10-5-76,   10-5-77.