Title 31, Chapter 5, Section 2
( 31-5-2)
(a) Hearings shall be required with respect to any and all
quasi-judicial actions and in any other proceeding required by this
title or the Constitution of Georgia. All such hearings shall be
conducted as provided in this Code section. (b) Where hearing is required or afforded, notice thereof as
provided in this Code section shall be given in person or by
registered or certified mail or statutory overnight delivery to all
interested parties; provided, however, in proceedings where the
number of interested parties is so numerous as to make individual
notice impracticable, notice shall be given by publication or by
such other means reasonably calculated to afford actual notice as
may be prescribed by the agency or person conducting such hearing.
All notices shall state (1) the time and place of hearing and nature
thereof and (2) the matters of fact and law asserted and must be
given at least five days before the day set for hearing unless the
agency determines that an imminent threat to the public health
exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint
hearing examiners to conduct hearings, issue compulsory process,
administer oaths, and submit their findings and recommendations to
the appointing agency; provided, however, that any such examiner
shall be a member in good standing of the State Bar of Georgia. A
county board of health is authorized and empowered to direct its
director or the director's appointee to conduct hearings, issue
compulsory process, administer oaths, and submit his findings and
recommendations to the county board of health. In both of such
cases, the examiner and director or the director's appointee shall
make the report available to all interested parties, and such
parties are permitted to file written exception thereto prior to
final decision thereon. |