Rule 40-1-2-.03 - Conduct of Hearing(1) The order of proof in the conduct of a hearing should be somewhat flexible. Generally the following procedure will be adhered to: (a) The representative of the Department or division which asserts the claim or makes the charge should examine its witnesses first.(b) The opposing party and his witnesses should then be heard.(c) The giving of testimony by each respective party and his witnesses is subject to appropriate cross examination.(d) The Hearing Officer may call or recall a witness as the exigencies of a case dictate.(2) There will be no time requirement for a party to complete his case. The hearing is not considered complete until both sides of the controversy have completed their arguments.(3) Motions on technical grounds to dismiss claims, charges and proceedings before the completion of the hearing which are superfluous will not be entertained by the Hearing Officer.(4) The rules of evidence as applied in civil cases in the superior court of Georgia shall be followed; however, when necessary to ascertain facts not reasonably susceptible of proof thereunder the strict rules of evidence or technical procedure shall not apply. The Hearing Officer shall conduct the hearing on a middle course between rigid formal technical procedure and careless informality.(5) Confidential and privileged documents: (a) Documents, reports, data and other information obtained by the Department from any person, firm, corporation, municipality, counties and other public authorities and political subdivisions, where such matters relate to secret processes, formulae, or where such matters were obtained on a confidential basis, shall be classified confidential and privileged documents.(b) Upon receipt of any confidential and privileged document, the Hearing Officer shall label it "Confidential and Privileged - Not For Release." Such document shall be maintained in a security file.(c) All matters so classified shall not be subject to public inspection nor discovery until and unless the Department or a court of competent jurisdiction after in camera inspection shall determine that the public interest requires such production and disclosure.Ga. Comp. R. & Regs. R. 40-1-2-.03
Ga. L. of 1874, p. 5; 1893. p. 136; 1960, p. 245, 246; 1964, p. 338. as amended by Ga. L. of 1965, p. 283.
Original Rule entitled "Hearing Officer-Authority" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule entitled "Conduct of Hearing" adopted. Filed January 27, 1971; effective February 16, 1971.