reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-2 - EXPIRATION AND RENEWAL DATES › Rule 295-2-.19 - Expiration of Massage Therapy Programs

Current through Rules and Regulations filed through June 27, 2024
(1) Massage therapy programs issued on even
			 years shall expire on March 31 of even years; with a lapsed late renewal period
			 from April 1 to April 30 of even years.
(2) Massage therapy programs issued on odd
			 years shall expire on March 31 of odd years; with a lapsed late renewal period
			 from April 1 to April 30 of odd years.
O.C.G.A.
				§
										43-1-4.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.01 - Scope and Application of These Rules

Current through Rules and Regulations filed through June 27, 2024
The following Rules govern procedure in "contested cases" as
				that term is defined in the Georgia Administrative Procedure Act (O.C.G.A.
				50-13-2(2)) and
				which are conducted before the several Professional Licensing
				Boards.
O.C.G.A. Secs.
				43-1-1 to
				43-1-4,
				50-13-2,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.02 - Docket

Current through Rules and Regulations filed through June 27, 2024
(1) The Joint
			 Secretary shall keep a record known as a docket, which shall be arranged by a
			 sequential numbering system for each case or other matter and shall show for
			 each case of matter, as permitted by law, all proceedings, actions and
			 filings.
(2) The Joint Secretary
			 shall keep a docket index by both docket number and alphabetical list of the
			 names of the Respondents in all proceedings.
O.C.G.A.
				§
										43-1-4.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.03 - Office Hours

Current through Rules and Regulations filed through June 27, 2024
The offices of the Joint Secretary shall be open from 8:00 a.m.
				to 5:00 p.m. each week-day except Saturdays, Sundays and legal
				holidays.
O.C.G.A. Sec.
				43-1-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.04 - Communications

Current through Rules and Regulations filed through June 27, 2024
All communications, including correspondence, motions, and
				pleadings, shall be filed with the Division Director, Professional Licensing
				Boards, 237 Coliseum Drive, Macon, Georgia 31217. Copies shall be furnished to
				all parties of record, including the attorney representing the State. An
				original and one duplicate of all correspondence, motions, and pleadings shall
				be filed with the Division Director and shall comply in all respects with Rule
				295-6-.04.
O.C.G.A. Secs.
				43-1-2 to
				43-1-4,
				43-1-19,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.05 - Date of Filing

Current through Rules and Regulations filed through June 27, 2024
All communications, correspondence, motions and pleadings in
				any proceedings shall be deemed to be filed or received on the date on which
				they are actually received by the Division Director.
O.C.G.A. Secs.
				43-1-2,
				43-1-3,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.06 - Computation of Time

Current through Rules and Regulations filed through June 27, 2024
Computation of any period of time referred to in these rules
				shall begin with the first day following that on which the act which initiates
				such period of time occurs. When the last day of the period so computed is a
				day on which the office of the Joint Secretary is closed, the period shall run
				until the end of the following business day. When such period of time, with the
				intervening Saturdays, Sundays and legal holidays counted, is seven (7) days or
				less, the said Saturdays, Sundays and legal holidays shall be excluded from the
				computation; or otherwise such days shall be included in the
				computation.
Ga. L. 1931, pp. 7, 35,
				37.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.07 - Extension of Times

Current through Rules and Regulations filed through June 27, 2024
It shall be within the discretion of the presiding officer to
				extend, for good cause shown, any time limit prescribed or allowed by these
				rules. All requests for an extension should be made by a motion in accordance
				with Rule
				295-5-.01 and shall indicate therein
				whether all parties concur. The presiding officer shall notify all parties of
				its action upon the motion. Extension shall be granted only when the presiding
				officer is satisfied that good cause has been shown and not
				otherwise.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.08 - Signatures

Current through Rules and Regulations filed through June 27, 2024
Every notice, pleading, petition, motion or other document
				filed by a party, represented by an attorney other than the Agency, shall be
				signed by at least one attorney of record in his individual name and his
				address and telephone number shall be stated. A party who is not represented by
				an attorney shall sign his pleading and state his address and telephone number.
				Except when otherwise specifically provided by rule or statute, pleadings need
				not be verified or accompanied by affidavit. The signature of an attorney
				constitutes a certificate by him that he has read the pleading, and that it is
				not interposed for delay.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.09 - Ex-parte Communication

Current through Rules and Regulations filed through June 27, 2024
No person not employed by the Agency or the Joint Secretary
				shall communicate exparte with the presiding officer, any member of the Agency
				or any employee of the Agency involved in the decisional process with respect
				to the merits of a contested case. If any ex-parte communication is directed to
				any person in violation of these rules, the presiding officer and all other
				parties shall be immediately informed of the substance of the communication and
				the circumstances of its receipt; provided, that a request for information with
				respect to the status of a proceeding shall not be prohibited by this
				section.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-3 - GENERAL INFORMATION › Rule 295-3-.10 - Petition for Promulgation, Amendment, or Repeal of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of
			 Petition. Each petition for promulgation, amendment or repeal of rules made
			 pursuant to the Georgia Administration Procedure Act shall be filed with the
			 examining board which had enacted the rule, or would otherwise be charged with
			 enforcing the rule. The petition shall be in writing and shall state:
(a) The name and 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 such rule should be amended, repealed, or promulgated
			 including a statement of all pertinent existing facts which relate to
			 petitioner's interest in the matter;
(d) Citations of legal authority, if any,
			 which authorize, support, or require the action requested by petition. The
			 petition shall be verified under oath by or in proper behalf of; the
			 petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-4 - PLEADINGS › Rule 295-4-.01 - Initial Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing in a contested case shall be
			 commenced by the agency's filing of a notice of hearing directed to the
			 respondent, or respondents.
(2)
			 Every pleading or other paper submitted for filing in a contested case, to the
			 extent possible, shall contain the following:
(a) A title which indicates the nature of the
			 proceeding and the parties involved therein;
(b) The name of the agency;
(c) A short and plain statement of the nature
			 of the pleading (e.g. Answer, Motion for Continuance, etc.);
(d) In addition, the notice of hearing shall,
			 to the extent possible, contain the following:
1. A short and plain statement of the matters
			 asserted or the issues involved;
2.
			 A clear and concise statement of the laws involved;
3. A notice of the rights of the person to
			 whom the notice of hearing is directed;
4. A statement that an answer to the matters
			 asserted is required;
5. Any other
			 information required by law or deemed appropriate by the agency.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-4 - PLEADINGS › Rule 295-4-.02 - Answer

Current through Rules and Regulations filed through June 27, 2024
The party to whom a notice of hearing is directed must file
				with the agency an answer within fourteen (14) days after service of the notice
				of hearing. All allegations contained in the notice of hearing which are not
				specifically admitted are deemed denied.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-4 - PLEADINGS › Rule 295-4-.03 - Replies

Current through Rules and Regulations filed through June 27, 2024
A reply to the answer shall not be permitted and any new
				matters asserted in the answer shall be deemed denied.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-4 - PLEADINGS › Rule 295-4-.04 - Amendments

Current through Rules and Regulations filed through June 27, 2024
Any party, including the agency, may amend any pleading or
				notice without leave of the agency until the eighth day prior to the date set
				for the hearing on the matter. Thereafter a party may amend his pleadings only
				by leave of the presiding officer, and leave shall be freely given when justice
				so requires. If an amendment is made to a notice of hearing, the answer to said
				amended notice shall be filed within seven (7) days after service of the
				amended notice, unless otherwise ordered by the presiding
				officer.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-5 - MOTIONS AND PRE-HEARING PROCEDURES - AMENDED › Rule 295-5-.01 - Motions: Written and Oral

Current through Rules and Regulations filed through June 27, 2024
(1) An application to the agency for an order
			 to take any action or to enter any order shall be made by motion which, unless
			 made during the hearing, shall be made in writing, shall state specifically the
			 grounds therefor, and shall set forth the action or order sought. A copy of all
			 written motions shall be served upon the parties in accordance with Chapter
			 295-6.
(2) A motion for a
			 continuance or an extension of time shall be ruled upon by the presiding
			 officer forthwith. All other motions shall be ruled upon by the presiding
			 officer at the outset of the hearing, after an opportunity for argument by the
			 parties; provided, however, that when the presiding officer is a duly appointed
			 hearing officer, the presiding officer may establish a hearing schedule and
			 dispose of motions at his discretion. The presiding officer may request briefs
			 in support of or in opposition to any motion.
Ga. L. 1931, pp. 7, 35,
				37.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-5 - MOTIONS AND PRE-HEARING PROCEDURES - AMENDED › Rule 295-5-.02 - More Definite Statement

Current through Rules and Regulations filed through June 27, 2024
A motion for more definite statement shall be filed and ruled
				upon pursuant to rule
				295-5-.01.
Ga. L. 1931, pp. 7, 35,
				37.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-5 - MOTIONS AND PRE-HEARING PROCEDURES - AMENDED › Rule 295-5-.03 - General Procedures

Current through Rules and Regulations filed through June 27, 2024
Proceedings before the agency shall be conducted as
				expeditiously as possible, with due regard to the rights of the parties. In
				contested cases before the professional licensing boards, upon issuance of a
				notice of hearing, the procedures set forth in this chapter and Chapter 295-8
				shall enable the parties to obtain relevant information needed for preparation
				of the case, to the extent that such disclosure is authorized by
				law.
O.C.G.A. Secs.
				43-1-1,
				43-1-3,
				43-1-19,
				43-1-22,
				50-13-3,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-5 - MOTIONS AND PRE-HEARING PROCEDURES - AMENDED › Rule 295-5-.04 - Witnesses, Respondent Statements, Witness Statements

Current through Rules and Regulations filed through June 27, 2024
(1) The parties
			 shall within a reasonable time prior to the commencement of the hearing but at
			 least ten (10) days prior to the hearing, exchange lists of the names,
			 addresses, and phone numbers of witnesses, including experts, whom each party
			 expects to call or may call on its behalf.
(2) The parties shall 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. The parties shall
			 similarly, upon request, make available to each other for inspection, copying,
			 testing or sampling any tangible item intended to be introduced as
			 evidence.
(3) Respondent shall be
			 furnished, within a reasonable time prior to the commencement of the hearing
			 but at least ten (10) days prior to the hearing, any written statements or
			 other record memorializing oral statements made by the Respondent during the
			 course of the investigation.
(4)
			 The parties shall be required to confer either in person or by telephone, in
			 reasonable advance of a scheduled hearing date but at least seven (7) days
			 prior to the hearing, in a good-faith attempt to reach an agreement as to the
			 admissibility of any documents or tangible items intended to be offered in
			 evidence for either side. The parties may stipulate as to any matter of fact
			 and such stipulation will satisfy a party's burden of proving the fact alleged.
			 The parties shall be encouraged to reach pre-hearing stipulations which could
			 facilitate adjudication of the case. The hearing officer, upon his or her own
			 motion or upon the request of either party, may schedule a pre-hearing
			 conference to hear and rule on motions or other preliminary matters, or
			 otherwise facilitate adjudication of the case.
O.C.G.A. Sec.
				43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-5 - MOTIONS AND PRE-HEARING PROCEDURES - AMENDED › Rule 295-5-.05 - Pre-Hearing Discovery

Current through Rules and Regulations filed through June 27, 2024
Except as may be expressly authorized by these rules or by
				statute, no other forms of prehearing discovery shall be authorized or
				permitted including, but not limited to the following: interrogatories;
				requests for production of documents and things; requests for physical or
				mental examination; and requests for admission.
O.C.G.A.
				43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-6 - SERVICE › Rule 295-6-.01 - By the Agency

Current through Rules and Regulations filed through June 27, 2024
Service of the notice of hearing, initial decision and final
				order shall be by personal delivery or certified mail to the licensee or
				applicant, in addition to counsel of record. All other notices, pleadings,
				orders, motions and other documents shall be served by hand delivery or first
				class mail.
O.C.G.A. Sec.
				43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-6 - SERVICE › Rule 295-6-.02 - Service On All Parties

Current through Rules and Regulations filed through June 27, 2024
A copy of the answer and all other pleadings, notices, motions,
				briefs, memoranda and other documents filed by any party with the Division
				Director shall be served upon all other parties to the proceeding, including
				counsel for the agency, by personal delivery or by first-class
				mail.
O.C.G.A. Secs.
				43-1-2,
				43-1-3,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-6 - SERVICE › Rule 295-6-.03 - To Party's Attorney

Current through Rules and Regulations filed through June 27, 2024
Service upon a party's attorney shall be deemed service upon
				the party, except as provided in
				295-6-.01
O.C.G.A. Sec.
				43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-6 - SERVICE › Rule 295-6-.04 - Filing of Pleading

Current through Rules and Regulations filed through June 27, 2024
A pleading subsequent to the Notice of Hearing shall not be
				entitled to filing unless accompanied by an Acknowledgement of Service required
				hereunder or a certificate that the service required hereunder has been made.
				In addition, a pleading shall not be entitled to filing unless it is stamped or
				otherwise marked in the upper left hand corner on the first page of the
				document as "original", and a duplicate copy is simultaneously submitted which
				is stamped or otherwise marked as "duplicate" in the upper left hand corner on
				the first page.
O.C.G.A. Sec.
				43-1-4.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-7 - PARTIES; INTERVENTION › Rule 295-7-.01 - Substitution of Parties

Current through Rules and Regulations filed through June 27, 2024
The presiding officer may upon motion, at any time during the
				course of the proceeding, permit such substitution of parties as justice may
				require.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-7 - PARTIES; INTERVENTION › Rule 295-7-.02 - Intervention

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to intervene pursuant to Section 14 of the
				Georgia Administrative Procedure Act (O.C.G.A.
				50-12-14) shall file a motion in
				accordance with Rule
				295-6-.04, which motion shall state
				therein the specific grounds for seeking intervention. The agency and any other
				parties shall have fourteen (14) days from the date of service to file a
				response to such request.
O.C.G.A. Sec.
				43-1-4.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-8 - EVIDENCE; SUBPOENAS - AMENDED › Rule 295-8-.01 - Evidence on Hearings

Current through Rules and Regulations filed through June 27, 2024
In all hearings the testimony of witnesses shall be taken
				orally before the agency or hearing officer, unless otherwise provided by these
				rules.
Ga. L. 1931, pp. 7, 35,
				37.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-8 - EVIDENCE; SUBPOENAS - AMENDED › Rule 295-8-.02 - Evidence on Motions

Current through Rules and Regulations filed through June 27, 2024
When a motion is based on facts not appearing of record the
				presiding officer may hear the matter on affidavits presented by the respective
				parties, but the presiding officer may direct that the matter by heard wholly
				or partly on oral testimony.
O.C.G.A. Sec.
				43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-8 - EVIDENCE; SUBPOENAS - AMENDED › Rule 295-8-.03 - Objections and Exceptions

Current through Rules and Regulations filed through June 27, 2024
Formal exceptions to rulings on evidence are unnecessary. It is
				sufficient that a party, at the time that a ruling of the presiding officer is
				made or sought, makes known to the presiding officer the action which he
				desires taken or his objections to such action and his grounds
				therefor.
Ga. L. 1931, pp. 7, 35,
				37.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-8 - EVIDENCE; SUBPOENAS - AMENDED › Rule 295-8-.04 - Subpoenas

Current through Rules and Regulations filed through June 27, 2024
(1) In contested
			 cases, subpoenas shall be issued without discrimination between public and
			 private parties. At any time after issuance of the Notice of Hearing, and prior
			 to the scheduled date for the hearing, the parties may request the issuance of
			 subpoenas by filing a written request with the Division Director, in accordance
			 with Rule
			 295-3-.04, with appropriate service on
			 the opposing party or counsel. Subpoena requests shall state the name and
			 complete address of the person to whom it is directed.
(2) Subpoenas issued pursuant to a request in
			 accordance with Rule
			 295-8-.04(1) shall
			 not be issued in blank. Every subpoena issued by the Division Director shall
			 state the name of the agency and the title of the action, and shall command
			 each person to whom it is directed to attend and give testimony at the hearing
			 at a time and place therein specified, or to produce documents for examination
			 at the hearing, or both. If such a subpoena is directed to any member,
			 investigator, employee, or other agent or representative of the agency,
			 including experts retained by the agency for purposes of the particular case,
			 production of documentary evidence from the agency or investigative file of the
			 applicant or licensee and the taking of testimony at the hearing from such
			 person or persons shall be governed by applicable provisions in the practice
			 act regulating the business or profession, and by O.C.G.A.
			 43-1-19(h)(2).
O.C.G.A. Secs.
				43-1-2,
				43-1-3,
				43-1-22,
				50-13-3,
				50-13-5,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-9 - TAKING OF TESTIMONY BY DEPOSITION - AMENDED › Rule 295-9-.01 - Taking of Testimony by Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) At anytime during the course of the
			 proceeding, the presiding officer may, in his discretion, permit the testimony
			 of a witness to be taken by deposition. Application to take testimony by
			 deposition shall be made in writing and shall be filed with the Joint Secretary
			 and served upon all parties to the proceedings, including counsel for the
			 agency.
(2) The application shall
			 state the name and address of the witness, the subject matter concerning which
			 the witness is expected to testify, the date, time and place of the proposed
			 deposition, and the reason why the witness cannot appear and testify before the
			 agency. The presiding officer may, in his discretion, allow the application
			 where the circumstances are such that the witness to be deposed cannot appear
			 before the agency without substantial hardship to the deponent or to the
			 parties to the case or that testimony by any other method will unduly delay
			 expeditious completion of the proceedings. An application for the taking of
			 testimony by deposition shall not be allowed if the deposition would result in
			 any undue burden to another party or any undue delay of the proceedings. If the
			 application is allowed, the presiding officer should give notice of the taking
			 of the testimony by deposition to all parties.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-9 - TAKING OF TESTIMONY BY DEPOSITION - AMENDED › Rule 295-9-.02 - Conduct of the Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) Examination and cross-examination of the
			 witness shall proceed as would be permitted at the hearing and under those
			 rules of evidence applicable to proceedings conducted pursuant to the Georgia
			 Administrative Procedure Act. The officer before whom the deposition is to be
			 taken shall put the witness on oath and shall personally record the testimony
			 of the witness. The testimony shall be taken stenographically and shall be
			 transcribed. All objections made at the time of examination to the
			 qualifications of the officer taking the deposition, or to the manner of taking
			 it, or to the evidence presented, or to the conduct of any party, and any other
			 objections to the proceedings, shall be noted by the officer upon the
			 deposition. Evidence objected to shall be taken subject to the
			 objection.
(2) All errors and
			 irregularities in the notice of taking testimony by deposition shall be deemed
			 waived unless written objection thereto is served upon the agency prior to the
			 deposition. Objections to taking testimony by depositions because of
			 disqualification of the officer before whom it is to be taken shall be deemed
			 waived unless made before the deposition begins or as soon thereafter as the
			 disqualification becomes known or could be discovered with reasonable
			 diligence.
(3) Objections to the
			 competency of a witness are not waived by failure to make them before or during
			 the deposition, unless the ground of the objection is one which might have been
			 obviated or removed if presented at that time. Errors and irregularities
			 occurring at the taking of the testimony in the manner of taking the
			 deposition, in the form that the questions are answered, in the oath of
			 affirmation, or in the conduct of the parties, and errors of any kind which
			 might be obviated, removed or cured if properly presented, shall be deemed
			 waived unless reasonable objection thereto is made at the deposition.
(4) Errors and irregularities in the manner
			 in which the testimony is transcribed or the deposition is prepared, certified,
			 sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer
			 taking the testimony are waived unless a motion to suppress the deposition or
			 some part thereof is made with reasonable promptness after such defect is, or
			 with due diligence might have been, ascertained.
(5) The deposition shall be sealed and filed
			 with the Joint Secretary.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-9 - TAKING OF TESTIMONY BY DEPOSITION - AMENDED › Rule 295-9-.03 - Taking of Testimony by Interrogatory

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by interrogatory shall be made
				and allowed in the same manner as prescribed in Rule
				295-9-.01.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-9 - TAKING OF TESTIMONY BY DEPOSITION - AMENDED › Rule 295-9-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-11 - HEARINGS › Rule 295-11-.01 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
The agency shall notify all parties of the date, time and place
				of the hearing.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-11 - HEARINGS › Rule 295-11-.02 - Conduct of the Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Presiding Officer. The hearing shall be
			 conducted by the presiding officer, who shall be a duly appointed hearing
			 officer, the chairman or president of the agency, or a member of the agency
			 appointed by the agency or the chairman or president thereof to conduct the
			 hearing.
(2) Duties of the
			 Presiding Officer. The presiding officer shall have the authority to do the
			 following: to administer oaths and affirmations; rule upon offers of proofs;
			 regulate the course of the hearing; set the time and place for continued
			 hearings; fix the time for filing briefs and memoranda; dispose of motions; and
			 reprimand or exclude from the hearing any person for any indecorous or improper
			 conduct committed in the presence of the presiding officer.
(3) Sworn Testimony. All testimony given at
			 the hearing shall be under oath administered by the presiding officer or any
			 person designated by him.
(4) Order
			 of Presentation. The State, or in a proper case a moving or complaining party,
			 shall present its evidence or testimony first. Where there is more than one
			 moving or complaining party, the order of presentation shall be at the
			 discretion of the presiding officer. After all of the evidence and testimony of
			 the State, or the moving or complaining party, has been received, all other
			 parties shall be allowed to present their evidence or testimony. All parties,
			 other than the party introducing the testimony, shall be allowed to
			 cross-examine any witness immediately after his testimony has been received.
			 The State, or the moving or complaining party, shall be allowed to present
			 rebuttal testimony or evidence if it so desires.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-11 - HEARINGS › Rule 295-11-.03 - Hearing Officers

Current through Rules and Regulations filed through June 27, 2024
The agency or the Chairman or president of the agency may
				appoint a hearing officer to act as the presiding officer in the
				proceeding.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-12 - CONSOLIDATION AND CONTINUANCES - AMENDED › Rule 295-12-.01 - Consolidation

Current through Rules and Regulations filed through June 27, 2024
The presiding officer upon his own motion, or upon motion by a
				party or other person joined in the proceeding, may order proceedings involving
				a common question of law or fact to be consolidated for hearing on any or all
				of the matters at issue in such proceedings.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.01 - Briefs

Current through Rules and Regulations filed through June 27, 2024
Briefs may be filed by a party or any interested person either
				before or during the course of the hearing, or within such time thereafter as
				the presiding officer shall designate. Failure to file a brief shall in no way
				prejudice the rights of any party.
Ga. L. 1931, pp. 7, 35,
				37, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.02 - Filing of Documents Subsequent to Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Upon request, the presiding officer may,
			 for good cause shown, allow the parties to file evidentiary documents of any
			 kind, or exhibits, at a time subsequent to the completion of the hearing, such
			 time to be determined by the presiding officer. If a request for such
			 subsequent filing is granted, the requesting party shall, on or before the date
			 set for filing, send copies of all documents or exhibits which are the subject
			 of the request to all other parties.
(2) Prior to the admission into evidence of
			 any documents or exhibits filed subsequent to the hearing, the opposing party
			 shall have ten (10) days from the date of service of copies of such proposed
			 documents or exhibits to file any objections to the admission of such
			 evidence.
Ga. L. 1931, pp. 7, 35,
				37, as amended. O.C.G.A. Sec.
				43-1-14.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.03 - Motion to Reopen Hearing

Current through Rules and Regulations filed through June 27, 2024
A party may, at any time prior to the rendering of a final
				decision by the agency, move that the hearing be reopened for the purpose of
				receiving new evidence. Such motions shall be filed in accordance with the
				provisions of Rule
				295-5-.01 and shall be granted only
				for good cause shown. The agency shall notify all parties of its action upon
				the motion. Notwithstanding the above, the agency may at any time prior to the
				rendering of a decision, reopen the hearing on its own
				motion.
Ga. L. 1931, pp. 7, 35,
				37, as amended: O.C.G.A. Sec.
				43-1-14.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.04 - Review of Initial Decision

Current through Rules and Regulations filed through June 27, 2024
(1) Either the Respondent or the Board may
			 seek review of the initial decision of the hearing officer pursuant to O.C.G.A.
			 50-13-17(a). If
			 the Respondent files a timely motion for review of the initial decision of the
			 hearing officer, the Respondent may include therein a statement of the reasons
			 for seeking review and alleged errors made by the hearing officer in the
			 initial decision. If the Board files a timely order for review of the initial
			 decision on its own motion, it may include in its order the issues to be
			 considered by the Board at the review hearing.
(2) Upon the filing of a timely motion by
			 Respondent seeking review of the initial decision of the hearing officer, or
			 upon the filing of a timely order for review of an initial decision by the
			 Board on its own motion, notice of the date and time for the review shall be
			 served on Respondent or counsel for Respondent and counsel for the
			 agency.
(3) The Board may appoint a
			 hearing officer for review, other than the hearing officer who entered the
			 initial decision, who shall preside over the review proceedings and control the
			 conduct of the review hearing. In acting as presiding officer, the hearing
			 officer for review shall rule on all procedural and evidentiary questions that
			 arise during the course of the review. At the direction of the Board, the
			 hearing officer for review shall draft the final decision for the
			 Board.
(4) On review, the Board
			 shall have all the powers it would have in making the initial decision, and in
			 its discretion shall have the power to take additional testimony or remand the
			 case to the original hearing officer for such purpose, as provided in the
			 Administrative Procedure Act, O.C.G.A.
			 50-13-17 and in accordance with
			 this Rule. The Respondent or Respondent's counsel and counsel for the Board
			 shall docket any motion, including motions to present additional evidence, at
			 least fourteen (14) days before the date set for the review hearing. Responses
			 to any such motions shall be docketed at least seven (7) days before the date
			 set for the review hearing.
(a) Motions to
			 present additional evidence or to remand the case to the original hearing
			 officer for such purpose shall be granted only if the additional evidence is
			 material and there was good cause for failing to present such evidence before
			 the original hearing officer. The hearing officer for review who acts as
			 presiding officer over the review proceedings shall enter an order as to the
			 legal sufficiency of all motions, including motions for the presentation of
			 additional evidence, prior to the review hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.05 - Rehearing

Current through Rules and Regulations filed through June 27, 2024
Any party may file a motion for rehearing of a final decision
				of the Board within ten (10) days after the date of actual service of such
				final decision on the Respondent or Respondent's counsel. Such motion shall be
				in accordance with Rule
				295-5-.01 and, in addition, shall
				include a statement of all matters alleged to have been erroneously decided
				and, if applicable, a statement as to any newly discovered matters or
				circumstances that have arisen subsequent to the final decision. The filing of
				said motion shall not operate as a stay of the final decision of the agency
				unless so ordered by the Board.
Ga. L. 1931, pp. 7, 35,
				37, as amended; O.C.G.A. Sec.
				43-1-4.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-13 - BRIEFS AND POST HEARING PROCEDURE › Rule 295-13-.06 - Appeals

Current through Rules and Regulations filed through June 27, 2024
All appeals shall be filed in accordance with the Georgia
				Administrative Procedure Act and O.C.G.A.
				43-1-19(f) or
				O.C.G.A. 43-1-20.1(c).
O.C.G.A. Secs.
				50-13-3(a)(2),
				43-1-3(a).
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-14 - PROCEDURAL RULES FOR BAD CHECKS › Rule 295-14-.01 - Policy

Current through Rules and Regulations filed through June 27, 2024
It is the policy of the Examining Boards Division to pursue its
				legal remedies under O.C.G.A.
				16-9-20 when a bad check is issued
				in payment of examination, license or renewal fees, application fees, or
				similar fees, and to take such other action as is outlined in the following
				rules and regulations. Any person issuing a bad check will be subject to the
				service charge as provided in O.C.G.A.
				16-9-20(a)
				(2).
O.C.G.A.
				43-1-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-14 - PROCEDURAL RULES FOR BAD CHECKS › Rule 295-14-.02 - Applicants For Examination

Current through Rules and Regulations filed through June 27, 2024
If an applicant for examination issues a bad check, such
				applicant shall not be entitled to stand for the examination until the
				examination fee and the service charge are paid either by cashier's check or
				money order. If an applicant for examination takes the examination before it is
				determined that the applicant paid for the examination with a bad check, the
				applicant will not be entitled to receive notification of the results of the
				examination until the examination fee and the service charge are paid either by
				cashier's check or money order.
O.C.G.A.
				43-1-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-14 - PROCEDURAL RULES FOR BAD CHECKS › Rule 295-14-.03 - Applicants For Licensure

Current through Rules and Regulations filed through June 27, 2024
If an applicant for licensure by reciprocity, endorsement,
				comity, or by experience and/or education issues a bad check to cover required
				licensure fees, such applicant shall not be issued a license until the
				applicant has paid the appropriate fees and the service charge. If a license is
				issued prior to determining that the applicant issued a bad check, such license
				will be deemed to have been issued in error and deemed not current unless the
				applicant pays the licensure fees and service charge within ten (10) days after
				the applicant has received a notice mailed by certified or registered mail. The
				applicant must pay the licensure fees and the service charge by cashier's check
				or money order.
O.C.G.A.
				43-1-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-14 - PROCEDURAL RULES FOR BAD CHECKS › Rule 295-14-.04 - License Renewal

Current through Rules and Regulations filed through June 27, 2024
If a licensee attempts to renew a license by the issuance of a
				bad check, the license will not be renewed until the licensee pays all fees due
				including any applicable late renewal fees plus the service charge. If the
				license is renewed and reissued to the licensee prior to determination that the
				licensee issued a bad check, the licensee will be notified by certified or
				registered mail that the renewed license will be deemed not current unless the
				licensee remits all fees due for renewal plus the service charge within ten
				(10) days after receipt of notice. The licensee must pay the fees and service
				charge by cashier's check or money order.
O.C.G.A.
				43-1-3.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-15 - INACTIVE STATUS LICENSES › Rule 295-15-.01 - State Examining Boards Inactive Status Licenses

Current through Rules and Regulations filed through June 27, 2024
(a) Prior to
			 revocation for non-renewal of a license as defined in O.C.G.A.
			 43-1-19(1),
			 licensees of these Professional Licensing Boards may apply for inactive
			 licensure status in accordance with the following provisions: Joint Secretary
			 and Board Rules.
(b) An individual
			 whose license is under any investigation, is the subject of active disciplinary
			 proceedings, or has a sanction in effect may not transfer the license to an
			 inactive status.
O.C.G.A.
				§
										43-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-15 - INACTIVE STATUS LICENSES › Rule 295-15-.02 - Long-Term Care Facility Administrators

Current through Rules and Regulations filed through June 27, 2024
1. Any licensee who holds a current license
			 and who is not practicing as a Long-Term Care Facility Administrators may
			 request the Board to place that license into an "inactive status" upon written
			 application to the Board and payment of a non-refundable inactive status
			 application fee. See fee schedule. The Board, in its sole discretion, may grant
			 or deny the request for inactive status. Any licensee whose license is on
			 inactive status may not engage in the practice of Long-Term Care Facility
			 Administration.
2. In order to
			 reactivate an inactive license, submit the appropriate application, forms, and
			 fee to the Board.
(a) If a license is
			 inactive for twelve (12) months or less, but no more than twenty-four months
			 (24), the applicant must submit forty (40) hours of Continuing Education "CE"
			 obtained since the Board's last renewal period.
(b) If a license is inactive for twenty-four
			 (24) months, but not more than thirty-six (36) months, eighty (80) hours of CE
			 obtained since the Board's last renewal period must be submitted to the
			 Board.
(c) If the license has been
			 inactive more than thirty-six (36) months, the applicant must meet current
			 requirements and either submit eighty (80) hours of CE since the Board's last
			 renewal period, OR take and pass the national exam.
(d) If the inactive license holds an active
			 license from the Georgia Board's approved state's list and has been employed
			 for one year as a Long-Term Care Facility Administrators prior to the date of
			 the application, then the applicant must submit an application, fee, and
			 verification of an active, current license from the state or jurisdiction in
			 which the license is held.
Compilation of Rules and Regulations of the State of Georgia › Department 295 - JOINT SECRETARY, PROFESSIONAL LICENSING BOARDS › Chapter 295-15 - INACTIVE STATUS LICENSES › Rule 295-15-.03 - State Board of Examiners of Psychologists

Current through Rules and Regulations filed through June 27, 2024
1. A licensee who holds a current license and
			 who is not using the title "psychologist" in Georgia and will not practice
			 psychology in the State of Georgia may apply for inactive status by completing
			 an Application for Inactive Status and submitting the appropriate fee to the
			 Board. A licensee may not use their license in the State of Georgia while that
			 license is on inactive status.
2. A
			 licensee who wishes to reactivate an inactive status license who has an active
			 license in another state and who has been actively practicing psychology there
			 within the past two (2) years must submit to the Board an Application to
			 Reactivate, documentation of forty (40) hours of continuing education
			 activities that were completed within two (2) calendar years of the date the
			 application is received by the Board, and appropriate fee.
3. For the Board to approve reactivation of
			 the license of a psychologist who has not had an active license in another
			 state and who has not been actively practicing psychology, the licensee must
			 also pass both the Georgia Jurisprudence and Oral Examinations in addition to
			 the requirements set forth in (2) above.
O.C.G.A.
				§
										43-1-22.