Compilation of Rules and Regulations of the State of Georgia › Department 539 - RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD › Chapter 539-4 - PROCEDURAL RULES › Rule 539-4-.02 - General Information

Current through Rules and Regulations filed through June 27, 2024
(1)
			 The following rules govern prehearing and posthearing procedures in "contested
			 cases" pending before the Georgia Real Estate Appraisers Board. The following
			 rules do not apply to matter filed or pending before the Office of State
			 Administrative Hearings.
(2) The
			 Board shall maintain records indicating when it received all papers relating to
			 every proceeding to which these rules apply.
(3) The office of the Board shall be open from
			 8:00 a.m. to 4:30 p.m. each weekday except Saturdays, Sundays, and legal
			 holidays, and such other times as the Governor shall declare state offices
			 closed.
(4) All documents, including
			 requests for hearing or review of an initial decision, correspondence, motions,
			 and pleadings related to matters pending before the Board and not pending before
			 the Office of State Administrative Hearings, shall be filed with the Real Estate
			 Commissioner, whose office is located at Suite 1000, International Tower, 229
			 Peachtree Street, N.E., Atlanta, Georgia 30303- 1605. Copies shall be furnished
			 by the party filing said documents to all parties of record, including the
			 attorney representing the Board.
(5)
			 All communications, correspondence, motions, and pleadings in any proceeding
			 shall be deemed to be filed or received on the date on which they are actually
			 received by the Commissioner.
(6)
			 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 Board 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; otherwise
			 such days shall be included in the computation.
(7) It shall be within the discretion of the
			 Board to extend, for good cause shown, any time limit prescribed or allowed by
			 these rules. Extensions shall be granted only when the Board is satisfied that
			 good cause has been shown and not otherwise.
(8) Every notice, pleading, motion, or other
			 document filed by a party (other than the Board) represented by an attorney shall
			 be signed by at least one attorney of record in the attorney's individual name
			 and the attorney's address and telephone number shall be stated. A party who is
			 not represented by an attorney shall sign the pleading and state the party's
			 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 the attorney that the
			 attorney has read the pleading and that it is not interposed for delay.
(9) No person not employed by the Board shall
			 communicate exparte with any member of the Board or any employee of the Board
			 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, all 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.
(10) Any
			 applicant/appraiser named as a petitioner/respondent in a notice of hearing shall
			 have the right to obtain a copy of the investigative record pertaining to the
			 applicant/appraiser upon written request. That record shall be available to the
			 applicant/appraiser or the applicant/appraiser's legal counsel at the Board
			 office during regular business hours. Charges for copies of any material from the
			 applicant/appraiser's investigative file shall be at a rate of $.25 per page with
			 a minimum charge of $5.00. Any material from said investigative file to be mailed
			 shall be mailed by certified mail or statutory overnight delivery, return receipt
			 requested, at the applicant/ appraiser's expense.
O.C.G.A. Secs.
				  43-39A-3,  43-39A-6,  43-39A-13,  43-39A-14,  43-39A-15,  43-39A-18,  43-39A-21,  43-39A-22,  43-39A-25,  50-13.