Rule 590-4-6-.12 - Prehearing Conferences(1) Each person subject to an order issued by the Commissioner under Section 10-5-73 or any other applicable provision of the Act or the subject of a Notice of Proposed Order and Opportunity for Hearing under any provision of the Act, may request a pre-hearing conference with the Commissioner or the Commissioner's staff in lieu of or prior to a hearing as specified in Section 10-5-73(b).(2) The Commissioner's receipt of a request for a pre-hearing conference will toll, until the date that the pre-hearing conference is scheduled, the running of the time for requesting and setting a hearing as specified in Section 10-5-73(b). In determining the number of days that have run, neither the day on which the request for a pre-hearing conference is received by the Commissioner nor the day on which the conference is scheduled shall be counted.(3) The pre-hearing conference shall begin with a telephonic or in-person meeting between the Commissioner or the Commissioner's staff and the party requesting the pre-hearing conference. The party requesting the pre-hearing conference may be represented by counsel who may appear at the pre-hearing conference in the requesting party's stead.(4) The pre-hearing conference may remain open until the matter is resolved or the Commissioner terminates the pre-hearing conference. The Commissioner may terminate the pre-hearing conference by order or written correspondence.(5) A hearing conducted under any provision of the Georgia Uniform Securities Act of 2008 may be preceded by a pre-hearing conference if the parties so agree.Ga. Comp. R. & Regs. R. 590-4-6-.12
O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-71, 10-5-73, and 10-5-74.
Original Rule entitled "Prehearing Conferences" adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule of same title adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.