Compilation of Rules and Regulations of the State of Georgia Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS x
Here’s a structured, updated compilation of Department 616 – Office of State Administrative Hearings (OSAH), current through the June 2025 Georgia Administrative Code:
🏛️ Department Overview
OSAH operates under Georgia Code Title 50, Chapter 13, providing a neutral forum (“Administrative Court”) for contested administrative cases for executive agencies (rules.sos.state.ga.us, osah.ga.gov).
OSAH adjudicates across a wide spectrum from licensing denials to regulatory enforcement actions. Agencies may also contract OSAH for hearings .
📂 Chapter 616‑1‑1: Organization of OSAH
Rule 616‑1‑1‑.01: Defines court structure:
Led by a Chief Administrative Law Judge, appointed by Governor for a 6‑year term.
Includes Assistant and Special Assistant ALJs, clerks, deputies, and support staff (rules.sos.state.ga.us).
Rule 616‑1‑1‑.02: Describes how to request information or submit materials to OSAH.
Rule 616‑1‑1‑.03: Outlines procedures to petition for rulemaking changes (adopt, amend, repeal).
Rule 616‑1‑1‑.04: Describes petitions for declaratory rulings including necessary content & service requirements.
Rule 616‑1‑1‑.05: Judges must complete minimum 12 hours continuing judicial education annually, including at least 1 hour in judicial ethics (rules.sos.state.ga.us).
Rules .06–.07: Address oath of office, adherence to judicial conduct code.
⚖️ Chapter 616‑1‑2: Administrative Rules of Procedure
This is the core procedural framework for contested cases, currently maintained through June 7, 2022 (rules.sos.state.ga.us, osah.ga.gov).
Key provisions include:
616‑1‑2‑.01 Definitions – Terminology aligned with Georgia Administrative Procedure Act (osah.ga.gov).
616‑1‑2‑.02 Scope – Applies to all contested cases before OSAH (osah.ga.gov).
616‑1‑2‑.03–.05 – Procedures for commencing cases, filing documents, and computing deadlines (law.cornell.edu).
616‑1‑2‑.06 – Electronic filing system available, updated effective June 7, 2022 (osah.ga.gov).
616‑1‑2‑.07 Burden of Proof – By default on the agency, unless law shifts it (osah.ga.gov).
.08 Motions & Amendments – All motions must be in writing (unless during hearing), with grounds and requests detailed, filed at least 10 days before hearing (rules.sos.ga.gov).
.09 Notice of Hearing – Court issues hearing notice after case initiation (osah.ga.gov).
.10 Ex Parte – Prohibits communications with judges outside approved parties; emergency/admin communications allowed with prompt notice .
.11 Service – Defines acceptable methods, including electronic service (osah.ga.gov).
.12–.14 – Rules on consolidating or severing cases, intervention/joinder, and pre-hearing conferences/exchange of evidence (osah.ga.gov).
.15 Summary Determination – Court’s authority for early decision based on uncontested facts (osah.ga.gov).
.16 Motions – In writing if outside hearing, filed timely (osah.ga.gov).
.17–.18 – Covers settlement processes and rules of evidence (rules.sos.state.ga.us).
.19–.20 – Subpoenas, notice to produce, depositions, written testimony (osah.ga.gov).
.21–.22 – Hearing conduct standards and record creation .
.23–.27 – Includes processes for post-hearing briefs, decisions within 30 days, newly discovered evidence, and record closure (osah.ga.gov).
.28–.29 – Reconsideration, rehearing, remands are allowed (osah.ga.gov).
.30 Default – Specifies consequences for failure to appear (osah.ga.gov).
.31 Emergency Hearings – Permits expedited procedures for urgent matters .
.32 Recusal – Parties can seek judge recusal via affidavit (osah.ga.gov).
.33 Record Availability – Certified record provided upon request (rules.sos.state.ga.us).
.34 Attorneys – Attorneys governed by Superior Court rules for withdrawals etc. (osah.ga.gov).
.35 Involuntary Dismissal – Allows dismissal motions when burden not met (osah.ga.gov).
.36 Mediation – ADR available, following Uniform Rules (osah.ga.gov).
.37 Records Request Rights – Licensees get access to agency-held documents .
.38 Discovery – Discovery only if authorized by law (osah.ga.gov).
.39 Review of Decisions – Sets agency and judicial review procedures (law.cornell.edu).
.40–.41 – Covers civil penalties and continuances/conflict rules (osah.ga.gov).
.42 Attorney Withdrawals – Distinguished by withdrawal rules (osah.ga.gov).
.43 News Coverage – Permits media in hearings per Superior Court standards (osah.ga.gov).
.44 Powers of ALJ – Outlines authority, such as substituting parties, issuing orders, sanctions (rules.sos.georgia.gov).
📝 Administrative History
Initial emergency rules filed March 23, 1995, became permanent Jul 20, 1995 (rules.sos.ga.gov).
Multiple amendments: 1997, 2003, 2004, 2010, 2014, 2019, 2020, and most recently June 7, 2022 (rule .06 repealed) (osah.ga.gov).
Chapter 616‑1‑3 (Georgia Tax Tribunal) was added in March 2015 (rules.sos.state.ga.us).
📥 How to Access the Full Rules
Download the complete Department 616 PDF (current through 2025) via the Georgia SOS rule portal: "Rules of the Office of State Administrative Hearings" (rules.sos.state.ga.us).
👉 What Would You Like Next?
Need help with:
Procedural deep dive (e.g., filing motions, mediation steps)?
Guidance on declaratory ruling petitions or electronic filings?
Practical checklists for initiating or defending
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