Current through Rules and Regulations filed through November 21, 2024
Rule 391-1-2-.04 - Filing of Petitions for Hearing(1) An original and three copies of all petitions for hearing in contested cases shall be filed on 8 1/2 by 11 inch paper with the Decision Maker. Submissions shall be deemed filed on the date on which they are received by the Decision Maker, c/o Commissioner of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1252 East, Atlanta, Georgia 30334-9000, or when mailed by first class mail, with proper postage attached, and properly addressed directly to the Decision Maker, whichever date comes first. The petitioner shall simultaneously serve a copy of such petition by certified mail or personal service upon the Attorney General, and, if applicable, upon the persons or entity to whom the permit or license was issued.(2) The office hours of the Decision Maker shall be 8:00 a.m. to 4:30 p.m., Monday through Friday, except State legal holidays.(3) All submissions shall meet the applicable requirements of the OSAH Rules, Chapter 616-1-2, and of Rule 391-1-2-.06 below.(4) Failure to comply with this Rule or any other requirement of this Chapter relating to form or content of submissions to be filed may result in the non-complying portions of the submission being excluded from consideration. If the Decision Maker or the Attorney General determines that a submission fails to meet any requirement of this Chapter, the Decision Maker may return the submission by mail together with a reference to the applicable Rule(s). A party whose submission has been returned shall have 10 days from the date the submission is mailed back by the Decision Maker within which to conform the submission to the applicable Rule(s) and refile it with the Decision Maker.Ga. Comp. R. & Regs. R. 391-1-2-.04
O.C.G.A. Secs. 50-13-3, 50-13-22.
Original Rule entitled "Extension of Time" adopted. F. July 29, 1982; eff. August 18, 1982.Repealed: New Rule entitled "Computation of Time" adopted. F. Mar. 12, 1985; eff. Apr. 1, 1985.Amended: ER. 391-1-2-0.39-.04 entitled "Filing of Petitions for Hearing" adopted. F. June 25, 1998; eff. June 24, 1998, the date of adoption.Amended: Permanent Rule of same title adopted. F. Aug. 27, 1998; eff. Sept. 16, 1998.Amended: F. Aug. 30, 2007; eff. Sept. 19, 2007.