§ 13-29. Hearing—Procedure.  


Latest version.
  • (a)

    Where a hearing is required or afforded, all interested parties at such hearing shall have, upon request, compulsory process and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the board, its authorized officials or agents, or any attorney-at-law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself or herself.

    State Law reference— Similar provisions, O.C.G.A. § 31-5-2(c).

    (b)

    The board is authorized and empowered to direct the director or the director's appointee to conduct hearings, issue compulsory process, administer oaths and submit findings and recommendations to the board. In such cases, the report of findings and recommendation shall be available to all interested parties, and such parties shall be entitled to file written exception thereto prior to final decision by the board.

    State Law reference— Similar provisions, O.C.G.A. § 31-5-2(d).

    (c)

    Unless precluded by law, informal disposition may be made by the director and the affected party by stipulation, agreed settlement, consent order or default.

    (d)

    The order of proof in the conduct of a hearing should be somewhat flexible. Generally, the following procedure will be followed:

    (1)

    The representative of the board who has asserted the claim or makes the charge shall be heard first.

    (2)

    After the conclusion of the board representative's presentation, the opposing party should then be heard.

    (3)

    The giving of testimony by each respective party and the party's witnesses is subject to appropriate cross-examination.

    (4)

    The person conducting the hearing may call or recall a witness where necessary to provide a full and fair hearing of the matter.

(Code 1976, § 12-1024)