Compilation of Rules and Regulations of the State of Georgia Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Here is a summary of the Compilation of Rules and Regulations of the State of Georgia – Department 616: OFFICE OF STATE ADMINISTRATIVE HEARINGS (OSAH):
Department 616 – Office of State Administrative Hearings (OSAH)
The Office of State Administrative Hearings (OSAH) is an independent adjudicatory agency responsible for conducting fair and impartial hearings in administrative disputes involving various Georgia state agencies.
Key Chapters and Provisions:
Chapter 616-1: Rules of the Office of State Administrative Hearings
This chapter establishes the procedural framework for administrative hearings conducted by OSAH.
Highlights:
616-1-.01 Definitions
Clarifies important terms such as “Administrative Law Judge,” “Contested Case,” and “Agency.”
616-1-.02 Scope and Applicability
Details which cases fall under OSAH jurisdiction, typically those referred by other state agencies under the Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq.).
616-1-.03 Filing and Service
Specifies how documents must be filed and served. Electronic filing is accepted via the official OSAH portal.
616-1-.04 Commencement of a Case
Cases begin when an agency refers a matter to OSAH. Parties are notified and scheduling begins.
616-1-.05 Representation and Appearances
Parties may appear pro se or be represented by an attorney. Representatives must file a notice of appearance.
616-1-.06 Hearings
Covers procedures for setting and conducting hearings, including notice requirements, rights of parties, and public access.
616-1-.07 Motions and Discovery
Details the use of motions (e.g., to dismiss) and the scope of discovery (e.g., interrogatories, subpoenas).
616-1-.08 Evidence and Record
Addresses admissibility standards, use of stipulations, and creation of the official record.
616-1-.09 Decisions and Orders
Administrative Law Judges (ALJs) issue written initial or final decisions, depending on statutory authority.
616-1-.10 Reconsideration and Appeal
Parties may request reconsideration or file exceptions with the referring agency if permitted by statute.
Other Notable Elements:
Administrative Efficiency:
OSAH emphasizes expedited resolution of disputes and encourages settlement through mediation.
Public Access:
Hearings are generally open to the public unless closed by law.
Ethical Standards:
ALJs must avoid conflicts of interest and maintain impartiality.
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