Rule 120-2-2-.25. Prehearing Statement

1. 1. The Adjudicator may require all parties to prepare prehearing statement(s) at a time and in the manner to be established by the Adjudicator.

2. 2. Prehearing statement(s) must, unless the Adjudicator orders otherwise, set forth briefly the following matters:

   1. a. issues involved in the adjudication;
   2. b. stipulated facts together with a statement that the party (or parties) have communicated or conferred in a good-faith effort to reach stipulations to the fullest extent possible;
   3. c. facts in dispute;
   4. d. a list of witnesses, including expert witnesses, and exhibits to be presented during the hearing, including any stipulations relating to authenticity of records and expert witnesses;
   5. e. a brief statement of applicable law;
   6. f. the proposed legal conclusions to be drawn and remedies sought; and
   7. g. estimated time required for presentation of the party's (or parties') case.
3. 3. Failure to file a prehearing statement, unless a waiver has been granted by the Adjudicator, may result in dismissal of a party from the adjudication, dismissal of a document initiating the adjudication (if any), entry of decision against the party, or imposition of such other sanctions or curative measures as may be appropriate in the circumstances.

Authority: O.C.G.A. § 33-2-9et seq.

History. Original Rule entitled "Procedures - General Administrative Insurance Regulatory Laws Division" adopted. F. and eff. July 20, 1965.

Repealed: F. Jan. 28, 2005; eff. Feb. 17, 2005.

Adopted: New Rule entitled "Trade Secret Assertions." F. Feb. 3, 2016; eff. Feb. 23, 2016.

Repealed: New Rule entitled "Prehearing Statement" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.