Rule 391-1-2-.05 - Content of Petitions for Hearing(1) A petition for hearing on the grant or denial of a permit or license shall contain: (a) A copy of the license or permit of which review is sought.(b) A statement of the legal authority and jurisdiction under which a hearing is requested;(c) A short and plain statement of the factual matters asserted;(d) A statement of each specific section (including subsection and paragraph if applicable) of the laws or rules involved in any questions of law;(e) The name and current mailing address of the petitioner's counsel;(f) A short and plain statement of the nature of the petitioner's interest in the matter;(g) In cases contesting the issuance of a license or permit, those suggested permit conditions or limitations which the petitioner believes required to implement the provisions of the law under which the permit or license was issued; and(h) In cases contesting conditions, limitations or requirements placed on the issuance of a license or permit, specific reference to the conditions, limitations or requirements contested, as well as suggested revised or alternative permit conditions, limitations or requirements which the petitioner believes required to implement the provisions of the law under which the permit or license was issued.(2) A petition for a hearing on an order requiring or imposing administrative enforcement relief or the revocation, suspension, amendment, modification or non-renewal of a permit or license shall contain: (a) A copy of the notice or order for which review is sought;(b) A statement of the legal authority and jurisdiction under which a hearing is requested; and(c) A reply to the allegations set forth in the order which reply shall address all the factual allegations set forth in the order.(3) For hearings on the revocation of the privilege of operating a vessel pursuant to O.C.G.A. § 52-7-12.5(e), the following information must be included: (a) The petitioner's full name, current address, driver's license or Social Security number, date of birth and telephone number at which the petitioner can be reached between the hours of 8:00 a.m. and 4:30 p.m.;(b) The name and address of all interested parties who may testify;(c) A clear and concise statement of the facts upon which the contested case arises;(d) A statement setting forth the relief sought; and(e) If represented by counsel, the name, address, and phone number of that counsel.(4) A petition for a hearing on any action not covered in Paragraphs (1) through (2) above shall contain the information required to be included in petitions for hearing by subparagraphs (a) through (f) of paragraph (1) above.Ga. Comp. R. & Regs. R. 391-1-2-.05
O.C.G.A. Sec. 50-13-22.
Original Rule entitled "Requests for Hearing" adopted. F. July 29, 1982; eff. August 18, 1982.Repealed: New Rule entitled "Changes of Time" adopted. F. Mar. 12, 1985; eff. Apr. 1, 1985.Amended: ER. 391-1-2-0.39-.05 entitled "Content 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.