Title 50, Chapter 13, Section 13
( 50-13-13)
(a) In addition to any other requirements imposed by common law,
constitution, statutes, or regulations: (1) In any contested case, all parties shall be afforded an
opportunity for hearing after reasonable notice served personally
or by mail; (2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under
which the hearing is to be held; (C) A reference to the particular section of the statutes and
rules involved; (D) A short and plain statement of the matters asserted. If the
agency or other party is unable to state the matters in detail
at the time, the notice may be limited to a statement of the
issues involved. Thereafter, upon application, a more definite
and detailed statement shall be furnished; and (E) A statement as to the right of any party to subpoena
witnesses and documentary evidence through the agency; (3) Opportunity shall be afforded all parties to be represented by
legal counsel and to respond and present evidence on all issues
involved; (4) Unless precluded by law, informal disposition may be made of
any contested case by stipulation, agreed settlement, consent
order, or default; (5) Unless specifically precluded by statute, in addition to the
agency, any contested case may be held before any agency
representative who has been selected and appointed by the agency
for such purpose. Before appointing a hearing representative, the
agency shall determine that the person under consideration is
qualified by reason of training, experience, and competence; (6) The agency, the hearing officer, or any representative of the
agency authorized to hold a hearing shall have authority to do the
following: administer oaths and affirmations; sign and issue
subpoenas; rule upon offers of proof; regulate the course of the
hearing, set the time and place for continued hearings, and fix
the time for filing briefs; dispose of motions to dismiss for lack
of agency jurisdiction over the subject matter or parties or for
any other ground; dispose of motions to amend or to intervene;
provide for the taking of testimony by deposition or
interrogatory; and reprimand or exclude from the hearing any
person for any indecorous or improper conduct committed in the
presence of the agency or the hearing officer; (7) Subpoenas shall be issued without discrimination between
public and private parties. When a subpoena is disobeyed, any
party may apply to the superior court of the county where the
contested case is being heard for an order requiring obedience.
Failure to comply with such order shall be cause for punishment as
for contempt of court. The costs of securing the attendance of
witnesses, including fees and mileage, shall be computed and
assessed in the same manner as prescribed by law in civil cases in
the superior court; (8) A record shall be kept in each contested case and shall
include: (A) All pleadings, motions, and intermediate rulings; (B) A summary of the oral testimony plus all other evidence
received or considered except that oral proceedings or any part
thereof shall be transcribed or recorded upon request of any
party. Upon written request therefor, a transcript of the oral
proceeding or any part thereof shall be furnished to any party
of the proceeding. The agency shall set a uniform fee for such
service; (C) A statement of matters officially noticed; (D) Questions and offers of proof and rulings thereon; (E) Proposed findings and exceptions; (F) Any decision (including any initial, recommended, or
tentative decision), opinion, or report by the officer presiding
at the hearing; and (G) All staff memoranda or data submitted to the hearing officer
or members of the agency in connection with their consideration
of the case; and (9) Findings of fact shall be based exclusively on the evidence
and on matters officially noticed. (b) In proceedings before the agency, the hearing officer, or any
representative of the agency authorized to hold a hearing, if any
party or an agent or employee of a party disobeys or resists any
lawful order of process; or neglects to produce, after having been
ordered to do so, any pertinent book, paper, or document; or refuses
to appear after having been subpoenaed; or, upon appearing, refuses
to take the oath or affirmation as a witness; or after taking the
oath or affirmation, refuses to testify, the agency, hearing
officer, or other representative shall have the same rights and
powers given the court under Chapter 11 of Title 9, the "Georgia
Civil Practice Act." If any person or party refuses as specified in
this subsection, the agency, hearing officer, or other
representative may certify the facts to the superior court of the
county where the offense is committed for appropriate action,
including a finding of contempt. The agency, hearing officer, or
other representative shall have the power to issue writs of fieri
facias in order to collect fines imposed for violation of a lawful
order of the agency, hearing officer, or other representative. (c) Except in cases in which a hearing has been demanded under Code Section 50-13-12, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court. |