Policy 2: Hearing and Review

1. Any person aggrieved by a decision of the executive director respecting:

  1. denial of an authorization to operate, whether on initial application or application for renewal;
  2. denial of an agent’s permit, whether on initial application or application for renewal;
  3. conditions placed on an authorization or permit;
  4. revocation of an authorization or permit; or
  5.  the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision under these procedures.  O.C.G.A. § 20‑3‑250.15.

2. Pursuant to O.C.G.A. § 20‑3‑250.15(d), the Commission appoints the Office of State Administrative Hearing (OSAH) to conduct hearings for any persons aggrieved by decisions of the executive director.

  1. The Executive Director shall provide notice to the aggrieved party of the hearing date, time, and location within 30 days pursuant to OCGA 20-3-250.15(c).
  2. The Executive Director, through OSAH, shall have the authority to change the hearing date, time, and location.

3. Hearings shall be conducted by a hearing officer in accordance with the Administrative Rules of Procedure.

4. The decision of the Office of State Administrative Hearings shall constitute an initial decision of the Commission.

  1. An initial decision will become the final decision of the Commission following the conclusion of the next meeting of the Commission that falls more than thirty (30) days from the date of the issuance of the final decision, unless a majority of the Commission votes to issue a final decision different than the initial decision or votes to extend the review period of the initial decision to the next Commission meeting following the vote to extend the review period. 
  2. In reaching a Final Decision, the Commission may review any finding of fact, conclusion of law, or order contained in the Initial Decision.  The Commission may review the complete record, including the transcript of the hearing and submitted exhibits.  The Commission may also, at its sole discretion, request additional evidence from the parties.  If the Commission requests further evidence, the Commission shall set forth a schedule and provide instructions regarding how the parties shall submit additional evidence.

5. The Commission shall serve its final decision on all parties no later than thirty (30) days from the issuance of the final decision, or, if applicable, the initial decision becoming the final decision of the Commission.