Rule 590-3-7-.07. Notice of Hearing

(1) As soon as practicable after the receipt of a request for a hearing, either by the Respondent or the Secretary of State's staff ("Staff"), and the filing of any responsive pleading(s), the Hearing Officer shall issue a notice of hearing, which shall include: (a) the time, place, and nature of the hearing; (b) the legal authority and jurisdiction pursuant to which the hearing was requested; (c) the specific laws and rules involved; (d) a short and plain statement of the matters asserted; (e) the right of parties to subpoena witnesses and documentary evidence, to be represented by legal counsel, and to respond, and present evidence on, all issues involved; and (f) the potential consequences of a failure by any Respondent to attend a hearing. (2) If the Hearing Officer is unable to state the matters in detail on the basis of the pleadings filed, the notice may be limited to a statement of the issues involved. Thereafter, the Hearing Officer may require more detailed pleadings, and, upon the written application of a party, the Hearing Officer shall furnish, or shall require the appropriate party to furnish, a more detailed statement. The notice may incorporate by reference information set forth in the petition, the responsive pleading(s), a prehearing order, or any other material included in the record of the matter at issue. Cite as Ga. Comp. R. & Regs. R. 590-3-7-.07
Authority: O.C.G.A. Secs. 10-14-14, 10-14-23.
History. Original Rule entitled "Notice of Hearing" adopted. F. May 19, 2005; eff. June 8, 2005.