Rule 520-4-.02 - General Information(1) The following rules govern pre-hearing and post-hearing procedures in "contested cases" pending before the Georgia Real Estate Commission. The following rules do not apply to matters filed or pending before the Office of State Administrative Hearings.(2) The Commission shall maintain records indicating when it received all papers relating to every proceeding to which these rules apply.(3) The office of the Commission shall be open from 8:00 a.m. to 4:30 p.m. each week-day except Saturdays, Sundays, legal holidays, and such other times as the Governor shall declare state offices closed.(4) All documents, including requests for hearing or review of an initial decision, correspondence, motions, and pleadings related to any matters pending before the Commission and not pending before the Office of State Administrative Hearings, shall be filed with the Real Estate Commissioner, whose office is located at Suite 1000, International Tower, 229 Peachtree Street, N.E., Atlanta, Georgia 30303-1605. Copies shall be furnished by the party filing said documents to all parties of record, including the attorney representing the Commission.(5) All communications, correspondence, motions, and pleadings in any proceeding shall be deemed to be filed or received on the date on which they are actually received by the Commissioner.(6) Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the office of the Commission is closed, the period shall run until the end of the following business day. When such period of time, with the intervening Saturdays, Sundays, and legal holidays counted, is seven (7) days or less, the said Saturdays, Sundays, and legal holidays shall be excluded from the computation; otherwise such days shall be included in the computation.(7) It shall be within the discretion of the Commission to extend, for good cause shown, any time limit prescribed or allowed by these rules. Extensions shall be granted only when the Commission is satisfied that good cause has been shown and not otherwise.(8) Every notice, pleading, petition, motion, or other document filed by a party (other than the Commission) represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name and the attorney's address and telephone number shall be stated. A party who is not represented by an attorney shall sign the pleading and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the pleading and that it is not interposed for delay.(9) No person not employed by the Commission shall communicate ex-parte with any member of the Commission or any employee of the Commission involved in the decisional process with respect to the merits of a contested case. If any ex-parte communication is directed to any person in violation of these rules, all parties shall be immediately informed of the substance of the communication and the circumstances of its receipt; provided, that a request for information with respect to the status of a proceeding shall not be prohibited by this section.(10) Any applicant/licensee named as a petitioner/respondent in a notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the applicant/licensee upon written request. That record shall be available to the applicant/licensee or the applicant/licensee's legal counsel at the Commission office during regular business hours. Charges for copies of any material from the applicant/licensee's investigative file shall be at a rate of $.25 per page with a minimum charge of $5.00. Any material from said investigative file to be mailed shall be mailed by certified mail or statutory overnight delivery, return receipt requested, at the applicant/ licensee's expense.Ga. Comp. R. & Regs. R. 520-4-.02
O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-14 to 43-40-18, 43-40-25, 43-40-26, 43-40-27, 50-13.
Original Rule entitled "Pleadings" adopted. F. June 13, 1979; eff. July 3, 1979.Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.Repealed: New Rule entitled "General Information" adopted. F. July 21, 1995; eff. August 10, 1995.Amended: F. Aug. 10, 2000; eff. Aug. 30, 2000.Amended: F. Dec. 11, 2002; eff. Dec. 31, 2002.