reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.18 - Rules of Evidence; Official Notice; Weight of Evidence

Current through Rules and Regulations filed through June 27, 2024
(1)
Rules of Evidence.
(a) The Court shall apply the rules of evidence as applied in the trial of civil nonjury cases in the superior courts and may, when necessary to ascertain facts not reasonably susceptible of proof under such rules, consider evidence not otherwise admissible thereunder if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of reports of medical, psychiatric, or psychological evaluations routinely submitted to, and relied upon by an agency in the normal course of its business. However, a party's failure to call an available witness to testify does not render such witness' testimony "not reasonably susceptible of proof."
(b) Where practicable, a copy of each exhibit identified or tendered at the hearing shall be furnished to the Court and the other parties when first presented at the hearing unless otherwise directed by the Court.
(c) The Court shall give effect to statutory presumptions and the rules of privilege recognized by law.
(d) If scientific, technical, or other specialized knowledge may assist the Court to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The expert may testify in terms of opinion or inference and give the reasons therefor without prior disclosure of the underlying facts or data, unless the Court requires otherwise. In any event, the expert may be required to disclose the underlying facts or data on cross-examination.
(e) Whenever any oral testimony sought to be admitted is excluded by the Court, the proponent of the testimony may make an offer of proof by means of a brief statement on the record describing the excluded testimony. Whenever any documentary or physical evidence or written testimony sought to be admitted is excluded, it shall remain a part of the record as an offer of proof.
(f) All objections shall include a statement of the legal basis for the objection and shall be made promptly or deemed waived. Parties shall be presumed to have taken exception to an adverse ruling. No objection shall be deemed waived by further participation in the hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.19 - Subpoenas; Notices to Produce

Current through Rules and Regulations filed through June 27, 2024
(1)
Subpoenas.
Subpoenas may be issued which require the attendance and testimony of witnesses and the production of objects or documents at depositions or hearings provided for by these Rules.
(a) The party on whose behalf the subpoenas are issued shall be responsible for completing and serving the subpoenas sufficiently in advance of the hearing to secure the attendance of a witness, the deposed testimony of the witness, or the production of objects or documents at the time of the hearing.
(b) Subpoena forms may be obtained from the Court's website. Every subpoena must:
1. be in writing and state the title of the action;
2. be filed with the Court at least five (5) calendar days prior to the hearing or deposition at which a witness or document is sought;
3. be served on all parties; and
4. identify the witnesses whose testimony is sought or the documents or objects sought to be produced.
(c) Service of subpoenas shall be completed as follows:
1. A subpoena may be served at any place within Georgia and by any sheriff, sheriff's deputy, or any other person not younger than eighteen (18) years of age. Proof of service may be shown by certificate endorsed on a copy of the subpoena.
2. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima facie proof of service.
3. Service of a subpoena directed to a party may be made by serving the party's counsel of record.
(d) Fees and mileage shall be paid to the recipient of a subpoena in accordance with O.C.G.A. §
										24-13-25.
(e) Once issued, a subpoena may be quashed by the Court if it appears that
1. the subpoena is unreasonable or oppressive;
2. the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative;
3. the subpoena is unnecessary to a party's preparation and presentation of its position at the hearing; or
4. basic fairness dictates that the subpoena should not be enforced.
(f) The Court may require the party issuing the subpoena to advance the reasonable cost of producing the documents or objects.
(g) The Court shall have the power to enforce subpoenas through the imposition of civil penalties, pursuant to Rule 44.
(h) Once issued and served, unless otherwise conditioned or quashed, a subpoena shall remain in effect until the close of the hearing or until the witness is excused, whichever comes first.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.20 - Depositions; Written Direct Testimony

Current through Rules and Regulations filed through June 27, 2024
(1) At any time during the course of a proceeding, the Court may order the testimony of a witness to be taken by deposition or in response to written questions.
(a) Subject to appropriate rulings on objections, a deposition or written direct testimony shall be received in evidence as if the testimony had been given by the witness before the Court. Whenever used in this Rule, the word "witness" shall be construed to include parties.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.21 - Nature of Proceedings

Current through Rules and Regulations filed through June 27, 2024
(1) In a hearing conducted under this Chapter, the Court shall make an independent determination on the basis of the competent evidence presented at the hearing. Except as provided in Rule 29, the Court may make any disposition of the matter available to the agency.
(2) If a party includes in its pleadings a challenge to the regularity of the process by which the agency reached a decision, the Court shall take evidence and reach a determination on such a challenge at the outset of the hearing. The party making such a challenge shall have the burden of proof. If the Court finds the challenge meritorious, it may remand the matter to the agency.
(3) The hearing shall be de novo in nature, and the evidence on the issues in a hearing shall not be limited to the evidence presented to or considered by the agency prior to its decision.
(4) Unless otherwise provided by law, the standard of proof on all issues in a hearing shall be a preponderance of the evidence.
O.C.G.A. §§
											50-13-13(a)(2) -(3);  50-13-40(c);  50-13-41(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.22 - Hearing Procedure

Current through Rules and Regulations filed through June 27, 2024
(1) The Court shall conduct a fair and impartial hearing, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. The Court may, among other things
(a) arrange for and issue notices of the date, time, and place of hearings and prehearing conferences;
(b) establish the methods and procedures to be used in the development of the evidence;
(c) hold prehearing 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 procedural matters before the Court, including but not limited to motions to dismiss for lack of jurisdiction or 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 cross-examination as required for a full and true disclosure of facts;
(l) order that any information so entitled under applicable state or federal statute or regulation be treated as confidential 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;
(n) subpoena and examine witnesses or evidence the Court believes necessary for a full and complete record;
(o) impose civil penalties in accordance with Rule 44; or
(p) take any action not inconsistent with this Chapter or the APA to maintain order at the hearing and ensure an expeditious, fair, and impartial hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.23 - Record of Hearings

Current through Rules and Regulations filed through June 27, 2024
(1) The following shall be a part of the hearing record and shall be available to the public, except as provided by law according confidentiality:
(a) all rulings, orders, and notices issued by the Court;
(b) all pleadings and motions;
(c) all recordings or transcripts of oral hearings or arguments;
(d) all written direct testimony;
(e) all other data, studies, reports, documentation, information, other written material of any kind, and physical evidence submitted in the proceedings;
(f) a statement of matters officially noticed;
(g) all proposed findings of fact, conclusions of law, and briefs; and
(h) the Decision issued in the matter.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.24 - 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 Court may require or authorize a party to submit proposed findings of fact, conclusions of law, and briefs on a date certain. Reply briefs may be filed at the Court's discretion.
O.C.G.A. §§
											50-13-13(a)(6);  50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.25 - Newly Discovered Evidence

Current through Rules and Regulations filed through June 27, 2024
After the close of the hearing record, but prior to the entry of a Decision, a party may move for an order allowing the introduction of additional evidence on the basis that such evidence is newly discovered and was not discoverable in the exercise of reasonable diligence at the time of the hearing. If the Court determines that the evidence is newly discovered, and that it may materially impact the case, the Court shall hear and receive such evidence in the manner prescribed for the receipt of evidence by these Rules.
O.C.G.A. §§
											50-13-13(a)(6);  50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.26 - Closure of Hearing Record

Current through Rules and Regulations filed through June 27, 2024
Except as provided in this Rule or otherwise ordered, the record shall be closed at the conclusion of the evidentiary hearing. Should the Court request or authorize the preparation of a transcript or require or authorize the filing of proposed findings of fact and conclusions of law, or briefs, the record shall be deemed closed upon the receipt of the transcript or upon the expiration of the time allowed for the required or authorized filings, whichever date is later.
O.C.G.A. §§
											50-13-13(a)(6);  50-13-40(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.27 - Decisions

Current through Rules and Regulations filed through June 27, 2024
(1) The Court shall review and evaluate all
				of the admitted evidence and interlocutory rulings, and shall issue a written
				Decision, setting forth the findings of fact and conclusions of law.
(2) The Decision shall be issued within the
				time provided by law, or within thirty (30) days of the hearing record closing.
				Should the Court determine that the complexity of the issues and the length of
				the record require additional time to issue the Decision, the Court shall enter
				an order setting forth the earliest practicable date certain for the issuance
				of the Decision.
(3) Every Decision
				entered by the Court that is not reviewable by a Reviewing Agency shall be a
				Final Decision.
(4) Every Decision
				entered by the Court that is reviewable by a Reviewing Agency shall be an
				Initial Decision.
(5) "Reviewing
				Agency" means the ultimate decision maker in a contested case that is a
				constitutional board or commission; an elected constitutional officer in the
				executive branch of this state; a professional licensing board, as that term is
				defined in O.C.G.A. §
									43-1-1(3), if the members thereof are appointed by
				the Governor; or as otherwise provided by O.C.G.A §
									50-13-41(d)(1).
O.C.G.A. §§
											50-13-13(a)(6);
				  50-13-40(c);  50-13-41(d).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.28 - Motions for Reconsideration or Rehearing

Current through Rules and Regulations filed through June 27, 2024
(1) A motion for reconsideration or rehearing will be considered only if filed within ten (10) calendar days of the entry of the Decision. However, the time for filing such a motion may be extended by the Court for good cause.
(2) The filing of a motion for reconsideration or rehearing shall not operate as a stay of enforcement of the Decision, unless the Court finds that the public health, safety, and welfare will not be harmed by the issuance of a stay.
(3) When filing a motion for reconsideration or rehearing, the movant must set forth facts or law establishing why the Court should reverse its prior decision. A movant should avoid simply restating previous arguments already presented to the Court.
(4) In determining whether to grant a motion for reconsideration or rehearing, the Court shall consider
(a) whether the movant has set forth facts or law showing the discovery of new evidence;
(b) an intervening development or change in the controlling law; or
(c) the need to correct a clear error or prevent a manifest injustice.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.29 - Remands

Current through Rules and Regulations filed through June 27, 2024
(1) The Court, at its discretion or upon motion of a party, may remand any pending case to the agency.
(2) In exercising discretion relating to the remand of a pending case, the Court shall consider
(a) the possible delay created by a remand and its impact upon the parties;
(b) the likelihood that a remand could cause a change in the position taken by the agency whose action is being reviewed; and
(c) the need for the peculiar expertise and experience of the agency in ensuring a just and orderly administrative process.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.30 - Default

Current through Rules and Regulations filed through June 27, 2024
(1) A default order may be entered against a party who:
(a) fails to appear at the scheduled hearing time after proper notice was duly issued;
(b) fails to participate in any stage of a proceeding;
(c) fails to file any required pleading; or
(d) fails to comply with an order issued by the Court.
The default judgment shall specify the grounds for the default.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.31 - Emergency or Expedited Procedures

Current through Rules and Regulations filed through June 27, 2024
Whenever a hearing is required by law to be held pursuant to an expedited time frame inconsistent with these Rules, or whenever the Court determines that an expedited time frame is necessary to protect the interests of the parties or the public health, safety, or welfare, the Court may require such filing of pleadings and shall conduct the hearing in such manner as justice requires.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.32 - Recusal

Current through Rules and Regulations filed through June 27, 2024
(1) A Judge may be recused, or disqualified, from a case based on bias, prejudice, interest, or any other cause provided for in this Rule.
(2) A Judge shall be recused in any proceeding in which his or her impartiality might reasonably be questioned, including but not limited to instances in which
(a) the Judge has a personal bias or prejudice concerning a party or a party's lawyer, or has personal knowledge of disputed evidentiary facts relevant to the proceeding;
(b) the Judge served as a lawyer in the case;
(c) a lawyer with whom the Judge previously practiced law served as a lawyer in the case during such association;
(d) the Judge was a material witness in the case; or
(e) the Judge, the Judge's spouse, a person within the third degree of relationship to either of them, the spouse of such a person, or any other member of the Judge's family residing in the Judge's household
1. is a party to the proceeding;
2. is an officer, director, or trustee of a party;
3. is acting as a lawyer or as a party's representative in the proceeding;
4. is known by the Judge to have more than a trivial interest that could be substantially affected by the proceeding; or
5. is to the knowledge of the Judge likely to be a material witness in the proceeding.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.33 - Availability of the Record

Current through Rules and Regulations filed through June 27, 2024
The Clerk shall make available or transfer certified
				 electronic copies of the hearing record to the parties upon
				 request.
O.C.G.A. §
											50-13-40
.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.34 - Attorneys

Current through Rules and Regulations filed through June 27, 2024
(1)
Bar Membership.
Except as authorized in paragraphs (3) and (4) of this Rule, or where authorized by law, no person shall represent any party in a proceeding before the Court unless the person is an active member in good standing of the State Bar of Georgia.
(2)
Entry of Appearance.
No attorney shall represent a party before the Court until he or she has filed an entry of appearance or a signed pleading or motion in the case that includes:
(a) the style and number of the case;
(b) the identity of the party for whom the appearance is made; and
(c) the name, assigned state bar number, current office address, telephone number, and email address of the attorney.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.35 - Involuntary Dismissal

Current through Rules and Regulations filed through June 27, 2024
(1) After a party with the burden of proof has presented its evidence, any other party may move for dismissal on the ground that the party that presented its evidence has failed to carry its burden. A party's decision to move for dismissal shall not constitute a waiver of the party's right to offer evidence in the event the motion is denied.
(2) Upon a party making such a motion, the Court may determine the facts and render a Decision against the party that has presented its evidence as to any or all issues or the Court may decline to render a Decision until after the close of all the evidence.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.36 - Mediation

Current through Rules and Regulations filed through June 27, 2024
(1) The Court has established a mediation process to provide a speedy and efficient resolution of disputes. The Uniform Rules for Dispute Resolution Programs adopted by the Georgia Supreme Court that are applicable to contested civil actions shall be followed.
(2) Any party may file a written request for mediation with the Court.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.37 - Request for Agency Records

Current through Rules and Regulations filed through June 27, 2024
(1) In any matter which could result in the revocation, suspension, or limitation of a license, requests by the licensee for exculpatory, favorable, or arguably favorable information relative to any pending issues concerning the license shall be governed by O.C.G.A. §
									50-13-18(d).
(2) Release of child abuse records shall be governed by O.C.G.A. §§
									49-5-40 through  -46.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.38 - Discovery

Current through Rules and Regulations filed through June 27, 2024
Discovery shall not be permitted except as authorized by law.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.39 - Review of Decisions

Current through Rules and Regulations filed through June 27, 2024
(1)
Agency Review of Initial
				Decisions
.
Upon receipt of a copy of an
				application for agency review, the Clerk shall compile and certify the record
				of the hearing and transmit it to the Reviewing Agency, as defined in Rule 27,
				and any other parties of record in the case.
(2)
Judicial Review of Final
				Decisions
.
Upon receipt of a copy of a
				petition for judicial review, the Clerk shall compile and certify the record of
				the hearing and transmit it to the reviewing court. The Clerk also shall
				provide an electronic copy of this certified record to all parties of record in
				the case.
O.C.G.A. §§
											50-13-40;
				  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.40 - Civil Penalties Requested by the Department of Natural Resources

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever an
				official within the Department of Natural Resources ("DNR Official") seeks the
				imposition of civil penalties, the DNR Official shall file a petition with the
				Clerk, which shall contain:
(a) a statement of
				the legal authority and jurisdiction under which the contested case is
				commenced;
(b) a statement
				indicating each specific section, subsection, or paragraph, if applicable, of
				the laws or regulations allegedly violated;
(c) a short and plain statement of the facts
				asserted as the basis of the alleged violation(s); and
(d) the amount of civil penalty sought to be
				imposed.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.41 - Continuances; Conflicts

Current through Rules and Regulations filed through June 27, 2024
(1)
Continuances.
A motion for continuance shall only be granted upon a showing of good cause or where required by law, and shall not be granted simply because the parties or their counsel agree.
(a) In determining whether to grant a motion for continuance, the Court may consider, among other pertinent factors,
1. the impact of a continuance on any parties who do not consent to the motion;
2. the Court's calendar;
3. the difficulty in rescheduling the hearing site;
4. the need for an expeditious resolution of the matter(s) at issue; and
5. the public health, safety, and welfare.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.42 - Attorney Withdrawals; Leaves of Absence

Current through Rules and Regulations filed through June 27, 2024
Attorneys of record shall follow the Uniform Rules for the
							Superior Courts for withdrawals and leaves of absence.
O.C.G.A. Sec.
							  50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.43 - News Coverage of Hearings

Current through Rules and Regulations filed through June 27, 2024
Media Entities shall follow the Uniform Rules for the Superior Courts to request permission for media coverage of a contested case open to the public.
O.C.G.A. §
											50-13-40.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE › Rule 616-1-2-.44 - Powers of Administrative Law Judge

Current through Rules and Regulations filed through June 27, 2024
(1) The Court shall have all the powers of the ultimate decision maker in the agency with respect to a contested case and the power to do all things specified in paragraph (6) of subsection (a) of Code Section  50-13-13.
(2) The Court shall have the power to impose civil penalties for
(a) failing to obey any lawful process or order of the Court or any rule or regulation promulgated by the Court;
(b) failing to comply with subpoenas;
(c) any indecorous or improper conduct committed in the presence of the Judge; or
(d) submitting pleadings or papers for an improper purpose or containing frivolous arguments or arguments that have no evidentiary support.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Chapter, the term:
(a) "Tax Tribunal" means the Georgia Tax
						Tribunal established by Chapter 13A of Title 50.
(b) "Tribunal Judge" means a Judge of the Tax
						Tribunal.
(c) "Civil Practice Act"
						means the Georgia Civil Practice Act, O.C.G.A §
									9-11-1
et
						seq.
(d) "Clerk" means the
						Clerk of the Tax Tribunal.
(e)
						"Order" means a decision, including a final judgment, entered by a Tribunal
						Judge.
(f) "Person" means any
						individual, agency, partnership, firm, corporation, association, or other
						entity.
(g) "Department" means the
						Georgia Department of Revenue.
(h)
						"Commissioner" means the Commissioner of the Georgia Department of
						Revenue.
(i) "Attorney General"
						means the Georgia Office of the Attorney General.
(j) "Small Claims Division" refers to the
						division within the Tax Tribunal established by Code Section
						  50-13A-16(a) and  
						having jurisdiction over proceedings meeting the requirements of
						  616-1-3-.07.
O.C.G.A. §
										50-13A-1
et
							seq.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.02 - Applicability and Scope of Rules

Current through Rules and Regulations filed through June 27, 2024
This chapter governs the procedure in all actions before the
							Tax Tribunal and shall be construed to secure the determination of every action
							of the Tax Tribunal in an efficient and cost effective manner with the goals of
							achieving a just, speedy and inexpensive resolution. Where in any instance
							there is no applicable rule of procedure, the Tribunal Judge before whom the
							matter is pending may prescribe the procedure, giving particular weight to the
							Civil Practice Act and the Rules of the United States Tax Court to the extent
							that their provisions are suitably adaptable to the matter at
							hand.
O.C.G.A. §
										50-13A-15(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.04 - Amendments to Pleadings

Current through Rules and Regulations filed through June 27, 2024
Pleadings and proceedings before the Tax Tribunal shall be
							subject to the amendment and supplementation provisions of Code Section
							  9-11-15.
O.C.G.A. §
										50-13A-10(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.05 - Privacy Protection for Filings Made with The Tribunal

Current through Rules and Regulations filed through June 27, 2024
(a) Except as
						otherwise required by these Rules or directed by the Tax Tribunal, in a filing
						with the Tribunal, a party or nonparty making the filing should refrain from
						including or should take appropriate steps to redact the following information:
(1) Taxpayer identification numbers (e.g.,
						Social Security numbers or employer identification numbers).
(2) Dates of birth. If a date of birth is
						provided, only the year should appear.
(3) Names of minor children. If a minor child
						is identified, only the minor child's initial should appear.
(4) Financial account numbers. If a financial
						account number is provided, only the last four digits of the number should
						appear. The parties may also agree that the foregoing information does not have
						to be redacted, if they so desire.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.06 - Filing Fees

Current through Rules and Regulations filed through June 27, 2024
(a) The filing fee for all cases other than
						Small Claims Division cases shall be Sixty Dollars ($60.00). If the petitioner
						in the initial petition makes the election under O.C.G.A. §
									50-13A-16 to  have the Small Claims
						Division have jurisdiction over such proceeding, no filing fee will be due in
						connection with the filing of such petition. If the petitioner makes the
						election to have the Small Claims Division have jurisdiction over the matters
						subsequent to the filing of the initial petition, any filing fee previously
						paid will not be refunded.
(b) A
						similar fee shall be paid by other parties making an appearance in the
						proceeding (other than any government body or government official appearing in
						a representative capacity).
(c) All
						filing fees shall be paid directly to the Georgia Tax Tribunal.
O.C.G.A. §
										50-13A-12.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.07 - Threshold and Rules Applicable to Small Claims Division Cases

Current through Rules and Regulations filed through June 27, 2024
(a) At the time of
						filing a petition with the Tax Tribunal, or within 90 days thereafter, a
						taxpayer may elect to have the Small Claims Division have jurisdiction over any
						proceeding:
(1) contesting an income tax
						liability or liabilities where the total amount of tax and penalties in
						controversy, exclusive of interest, is less than $15,000; or
(2) contesting a tax liability or
						liabilities, other than income tax, where the total amount of tax and penalties
						in controversy, exclusive of interest, is less than $50,000.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.08 - Service

Current through Rules and Regulations filed through June 27, 2024
(a) Petitions filed
						with the Tax Tribunal must be served on the Commissioner and the Attorney
						General, and a certificate of service of such petition shall be attached to the
						petition filed with the Tax Tribunal. Service of a petition shall be
						accomplished by certified mail or statutory overnight delivery. In the case of
						a refund action pursuant to Code Sections
						  48-6-7 or 
						  48-6-76, the petition shall also
						be served on the clerk of the superior court or collecting officer who is made
						a party to the action.
(b) Service
						of all other documents filed with the Tax Tribunal shall be governed by Code
						Section  50-13A-18.
(c) Documents, including motions and
						requests, may not be embedded in an email. Any filing by email must be done by
						attachment to the email, in either Word or Pdf format and served in accordance
						with this Rule
						  616-1-3-.08.
O.C.G.A. §§
										50-13A-10,  50-13A-18.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.09 - Computing Time

Current through Rules and Regulations filed through June 27, 2024
(a) Any period of time set forth in these
						Rules or, except as otherwise provided by law, in Chapter 13A of Title 50 shall
						begin on the first day following the day of the act that initiates the time
						period. When the last day of the time period is a day on which the Tax Tribunal
						is closed, the time period shall run until the end of the next business
						day.
(b) Whenever a party has a
						right or requirement to act or respond to service of notice or other document
						by another party within a period prescribed by these Rules or in Chapter 13A of
						Title 50 and not otherwise specified by law, three (3) days shall be added to
						that prescribed period if the notice or document is served by first class
						mail.
O.C.G.A. §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.10 - Changes of Time

Current through Rules and Regulations filed through June 27, 2024
For good cause shown, a Tribunal Judge, either on a Tribunal
							Judge's own motion or on a party's motion, may change any time limit prescribed
							or allowed in this chapter that is not otherwise specified by law. The Tribunal
							Judge shall notify all parties of any determination to change a time
							period.
O.C.G.A. §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.11 - Standard of Review

Current through Rules and Regulations filed through June 27, 2024
(a) All proceedings before the Tax Tribunal
						shall be de novo in nature, and the evidence on the issues in a hearing or
						trial shall not be limited to the evidence presented to or considered by the
						Department prior to the Department's decision.
(b) Unless otherwise provided by law, the
						standard of proof on all issues in a hearing shall be preponderance of the
						evidence.
(c) Except as otherwise
						may be provided by law, the burden of proof in all proceedings before the Tax
						Tribunal shall be upon the petitioner.
O.C.G.A. §
										50-13-14.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.12 - Initial Conference and Pre-Trial Conferences

Current through Rules and Regulations filed through June 27, 2024
(a) As soon as reasonably practicable, a
						Tribunal Judge may order the parties to appear at a specified time and place
						for one or more initial conferences to address discovery, scheduling, and other
						matters. At the discretion of the Tribunal Judge, such conferences may be
						conducted in whole or in part by telephone. The Tribunal Judge may require the
						parties to submit written proposals regarding a schedule for pre-trial
						procedures, including the submission and disposition of all pre-trial motions,
						or such other matters as the Tribunal Judge may direct.
(b) Prior to any trial, the Tribunal Judge
						may require the parties to submit written proposals and to appear before the
						Tribunal Judge regarding:
(1) simplification,
						clarification, amplification, or limitation of the issues;
(2) evidentiary matters, such as:
(i) identification of documents expected to
						be tendered by a party;
(ii)
						admissions and stipulations of facts and the genuineness and admissibility of
						documents;
(iii) identification of
						persons expected to be called as witnesses by a party and the substance of the
						anticipated testimony;
(iv)
						identification of expert witnesses expected to be called by a party to testify
						and the substance of the facts and opinions to which the expert witness is
						expected to testify and a summary of the grounds for each opinion;
(v) objections to the introduction into
						evidence at the trial of any written testimony, documents, papers, exhibits or
						other submissions proposed by any party;
(vi) matters for which official notice is
						sought; and
(3) other
						matters that may expedite trial procedures or that the Tribunal Judge otherwise
						deems appropriate.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.13 - Consolidation; Severance

Current through Rules and Regulations filed through June 27, 2024
(a) In cases involving common issues of law
						or fact, a Tribunal Judge may order a joint hearing or trial to expedite or
						simplify consideration of any or all of the issues in such cases.
(b) If a Tribunal Judge determines that it
						would be more conducive to an expeditious, full, and fair hearing or trial for
						any party or issue to be heard separately, the Tribunal Judge may sever the
						party or issue for a separate hearing or trial.
O.C.G.A. §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.14 - Remands

Current through Rules and Regulations filed through June 27, 2024
(a) A Tribunal
						Judge may, either on the Tribunal Judge's own motion or at the motion of any
						party, stay and remand any matter to the Department at any time. In exercising
						discretion relating to the remand of a matter, the Tribunal Judge shall
						consider, among other things, the possible delay created by a remand and its
						impact upon the parties, the likelihood that a remand could cause a change in
						the position taken by the Department, and the need for the peculiar expertise
						and experience of the Department in insuring a just and orderly administrative
						process.
(b) Such stay and remand
						shall not divest the Tax Tribunal of jurisdiction.
O.C.G.A. §
										50-13A-10(f).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.15 - Discovery

Current through Rules and Regulations filed through June 27, 2024
(a) The provisions
						of the Civil Practice Act governing discovery and depositions shall apply to
						proceedings before the Tax Tribunal. However, the parties shall make every
						effort to conduct discovery by informal consultation or communication before
						utilizing discovery and depositions.
(b) Upon motion of a party or on a Tribunal
						Judge's own motion, the frequency or extent of formal discovery methods may be
						limited if the Tribunal Judge determines that the discovery is unduly
						burdensome or expensive when taking into account the amount in controversy,
						limitations on the parties' resources, and the importance of the issues at
						stake in the action.
O.C.G.A. §
										50-13A-13.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.17 - Motions

Current through Rules and Regulations filed through June 27, 2024
(a) All requests
						made to a Tribunal Judge shall be made by motion. Unless made during a hearing
						or trial, motions shall be in writing, shall state specifically the grounds on
						which it is based, and shall describe the action or order sought. A copy of all
						written motions shall be served in accordance with this Chapter.
(b) A response to a motion may be filed
						within ten (10) days after service of the written motion or within the time set
						by a Tribunal Judge. Either party may request an expedited ruling.
(c) Unless otherwise provided, 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.
						Such motions shall be filed as soon as the need or opportunity for the motion
						becomes reasonably foreseeable.
(d)
						All motions, and responses thereto, shall include citations of supporting
						authorities and, if germane, supporting affidavits or citations to evidentiary
						materials of record.
(e) A Tribunal
						Judge may 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 due. Notice of a hearing on a motion shall be given by the
						Tribunal Judge at least five (5) days prior to the date set for hearing. At the
						discretion of the Tribunal Judge, a hearing on a motion may be conducted in
						whole or in part by telephone.
(f)
						Multiple motions may be consolidated for hearing or prehearing conference. A
						Tribunal Judge may order the submission of briefs or oral argument relative to
						any motion.
O.C.G.A §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.18 - Stipulations

Current through Rules and Regulations filed through June 27, 2024
After the period for completing discovery has expired, or
							earlier as the parties may agree, the parties to a proceeding shall stipulate
							all relevant and nonprivileged matters to the fullest extent to which complete
							or qualified agreement can be reached or fairly should be reached. Neither the
							existence of nor the use of the discovery mechanisms authorized by Chapter 13A
							of Title 50 or this Chapter shall excuse failure to comply with this
							requirement to file stipulations.
O.C.G.A. §
										50-13A-13(b).