Rule 464-8-.02. Denial and Dismissal of Requests to be Heard. Amended

The Council or Hearing Officer designated by the Council may deny or dismiss a request to be heard for the following reasons:

1. (a) It has been withdrawn by the affected party;
2. (b) If the affected party or his/her representative fails to appear at a hearing or settlement conference scheduled for such affected officer;
3. (c) If the affected party or his/her representative does not submit a written request for hearing and answer to the allegations within thirty (30) days after the service of the notice of adverse action; or
4. (d) If the affected party or his/her representative fails to respond within thirty (30) calendar days to correspondence from the Council following the pre-hearing settlement conference; or

5. (e) If the affected party fails to pay the requisite fee associated with such an appeal of adverse action within thirty (30) days after service.

   Following the dismissal of the request for hearing, the adverse action proposed by Council becomes a final decision.

Authority: O.C.G.A. § 35-8-7(23).

History. Original Rule entitled "Actions Relating to Denial, Suspension, or Withdrawal of Funding" adopted. F. July 7, 1978; eff. July 27, 1978.

Repealed: New Rule entitled "Denial and Dismissal of Hearing Requests" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.

Amended: F. May 25, 1993; eff. June 14, 1993.

Amended: F. Apr. 2, 1996; eff. Apr. 22, 1996.

Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Repealed. New rule with same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.

Amended: New title "Denial and Dismissal of Requests to be Heard. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.