Rule 590-4-6-.01 - Applicability and Scope of Rules(1) The Rules of this Chapter 590-4-6 shall govern all hearings arising under the Act.(2) All hearings will be conducted before the Commissioner, the Assistant Commissioner, a referee appointed by the Commissioner, or an Administrative Law Judge designated by the Office of State Administrative Hearings. Hearings held by an Administrative Law Judge shall be subject to the policies, rules, and procedures of the Office of State Administrative Hearings. For the purposes of these Rules "the Hearing Officer" shall refer to the Commissioner or the Assistant Commissioner of Securities for the State of Georgia, and unless the context requires otherwise, to a referee or an Administrative Law Judge.(3) The Hearing Officer shall afford a liberal construction of these Rules where respondents in a case are not represented by counsel. Moreover, at the discretion of the Hearing Officer, the procedural requirements of these Rules may be relaxed in appropriate cases where such relaxation will facilitate the resolution of the matter without prejudice to the parties and will not be inconsistent with the requirements of the Georgia Administrative Procedure Act ("APA") or other applicable statute.(4) Procedural questions arising at any stage of the proceeding that are not addressed in the APA, any other applicable law, or these Rules shall be resolved at the discretion of the Hearing Officer, as justice requires. The Hearing Officer may consult and utilize the Civil Practice Act, Code Section Title 9, Chapter 11, and the Uniform Rules for the Superior Courts in the exercise of his or her discretion.(5) In the event any requirement of these Rules conflicts with, or is supplemented by, an applicable state or federal statute or a federal rule governing hearings, the requirement of the conflicting or supplementing state or federal statute or the federal rule shall be applied by the Hearing Officer either on the Hearing Officer's own initiative or on the written notice or motion of any party.Ga. Comp. R. & Regs. R. 590-4-6-.01
O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74, 44-3-4, 44-3-6, 50-13-13.
Original Rule entitled "Land Sales Limited Offering Exemption" adopted. F. Sept. 30, 1982; eff. Nov. 1, 1982, as specified by the Agency.Amended: F. Feb. 24, 1987; eff. Mar. 16, 1987.Repealed: F. Dec. 13, 1990; eff. Jan. 2, 1991.Amended: New Rule entitled "Applicability and Scope of Rules" adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule of same title adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.