Georgia Administrative Code

Every notice, pleading, petition, motion or other document filed by a party, represented by an attorney other than the Agency, shall be signed by at least one attorney of record in his individual name and his address and telephone number shall be stated. A party who is not repres…

No person not employed by the Agency or the Joint Secretary shall communicate exparte with the presiding officer, any member of the Agency or any employee of the Agency involved in the decisional process with respect to the merits of a contested case. If any ex-parte communicatio…

(1) Form of Petition. Each petition for promulgation, amendment or repeal of rules made pursuant to the Georgia Administration Procedure Act shall be filed with the examining board which had enacted the rule, or would otherwise be charged with enforcing the rule. The petition sha…

(1) The hearing in a contested case shall be commenced by the agency's filing of a notice of hearing directed to the respondent, or respondents. (2) Every pleading or other paper submitted for filing in a contested case, to the extent possible, shall contain the following: (a) A …

The party to whom a notice of hearing is directed must file with the agency an answer within fourteen (14) days after service of the notice of hearing. All allegations contained in the notice of hearing which are not specifically admitted are deemed denied.

A reply to the answer shall not be permitted and any new matters asserted in the answer shall be deemed denied.

Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the presiding officer, and leave shall be freely giv…

(1) An application to the agency for an order to take any action or to enter any order shall be made by motion which, unless made during the hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. A copy of…

A motion for more definite statement shall be filed and ruled upon pursuant to rule 295-5-.01.

Proceedings before the agency shall be conducted as expeditiously as possible, with due regard to the rights of the parties. In contested cases before the professional licensing boards, upon issuance of a notice of hearing, the procedures set forth in this chapter and Chapter 295…

(1) The parties shall within a reasonable time prior to the commencement of the hearing but at least ten (10) days prior to the hearing, exchange lists of the names, addresses, and phone numbers of witnesses, including experts, whom each party expects to call or may call on its b…

Except as may be expressly authorized by these rules or by statute, no other forms of prehearing discovery shall be authorized or permitted including, but not limited to the following: interrogatories; requests for production of documents and things; requests for physical or ment…

Service of the notice of hearing, initial decision and final order shall be by personal delivery or certified mail to the licensee or applicant, in addition to counsel of record. All other notices, pleadings, orders, motions and other documents shall be served by hand delivery or…

A copy of the answer and all other pleadings, notices, motions, briefs, memoranda and other documents filed by any party with the Division Director shall be served upon all other parties to the proceeding, including counsel for the agency, by personal delivery or by first-class m…

Service upon a party's attorney shall be deemed service upon the party, except as provided in 295-6-.01

A pleading subsequent to the Notice of Hearing shall not be entitled to filing unless accompanied by an Acknowledgement of Service required hereunder or a certificate that the service required hereunder has been made. In addition, a pleading shall not be entitled to filing unless…

The presiding officer may upon motion, at any time during the course of the proceeding, permit such substitution of parties as justice may require.

Any person desiring to intervene pursuant to Section 14 of the Georgia Administrative Procedure Act (O.C.G.A. 50-12-14) shall file a motion in accordance with Rule 295-6-.04, which motion shall state therein the specific grounds for seeking intervention. The agency and any other …

In all hearings the testimony of witnesses shall be taken orally before the agency or hearing officer, unless otherwise provided by these rules.

When a motion is based on facts not appearing of record the presiding officer may hear the matter on affidavits presented by the respective parties, but the presiding officer may direct that the matter by heard wholly or partly on oral testimony.

Formal exceptions to rulings on evidence are unnecessary. It is sufficient that a party, at the time that a ruling of the presiding officer is made or sought, makes known to the presiding officer the action which he desires taken or his objections to such action and his grounds t…

(1) In contested cases, subpoenas shall be issued without discrimination between public and private parties. At any time after issuance of the Notice of Hearing, and prior to the scheduled date for the hearing, the parties may request the issuance of subpoenas by filing a written…

(1) At anytime during the course of the proceeding, the presiding officer may, in his discretion, permit the testimony of a witness to be taken by deposition. Application to take testimony by deposition shall be made in writing and shall be filed with the Joint Secretary and serv…

(1) Examination and cross-examination of the witness shall proceed as would be permitted at the hearing and under those rules of evidence applicable to proceedings conducted pursuant to the Georgia Administrative Procedure Act. The officer before whom the deposition is to be take…

Application to take testimony by interrogatory shall be made and allowed in the same manner as prescribed in Rule 295-9-.01.

I. Name of Grant Program: Civil Legal Assistance to Families Victimized by Domestic Violence Project (Short name: Civil Legal Assistance Project). II. Legal Authority: O.C.G.A. § 15-5-24 and Supreme Court of Georgia Order of January 15, 1981 relating to the duties of the Judicial…

I. Name of Grant Program: Civil Legal Services to Kinship Care Families in Georgia (Short name: Kinship Care Project). II. Legal Authority: O.C.G.A. § 15-5-24 and Supreme Court of Georgia Order of January 15, 1981 relating to the duties of the Judicial Council/Administrative Offi…

I. Name of Grant Program: Civil Legal Assistance to Families of Indigent Patients Program (Short name: Medical-Legal Partnerships Program). II. Legal Authority: O.C.G.A. § 15-5-24 and Supreme Court of Georgia Order of January 15, 1981 relating to the duties of the Judicial Counci…

The General Assembly recognizes that the state-wide network of land and water resources, the state's prime agricultural and forestry lands and its natural, cultural, historic, and recreational areas are a priceless legacy that enhance the health of ecosystems, encourage working l…

The program shall be referred to as the Georgia Land Conservation Program (Program) (O.C.G.A. Sec. 12-6A-1 and 12-6A-9).

The Georgia Land Conservation Program is authorized and established in accordance with the Official Code of Georgia Annotated § 12-6A-1, et seq.

(1) The scope of the Program is to permanently protect land and water, or interests therein, that is in its undeveloped, natural state or that has been developed only to an extent that does not interfere with its conservation value. (2) The following types of resources will be el…

Process. (1) Cities, counties, the commission, other state departments or agencies, other state authorities, and nongovernmental entities may develop, submit and sponsor a 'land conservation project' to permanently protect locally identified land resources with high environmental…

Eligible recipients of the Program are Cities, Counties, the Department, the Commission, other state departments, agencies, and authorities and nongovernmental entities. Applications may be obtained by contacting the Georgia Environmental Finance Authority.

(1) The policy(ies) of the Program shall identify the criteria by which all land conservation project applications shall be reviewed by the Authority and the Department and approved by the Land Conservation Council. (O.C.G.A. Sec. 12-6A-5(e)). (2) The Council shall use, at a mini…

The Georgia State Board of Landscape Architects shall consist of five members appointed by the Governor. The public may obtain information and forms from the Division Director, Professional Licensing Boards, 237 Coliseum Drive, Macon, Georgia 31217.

Meetings of the Board shall be held at the headquarters of the Board, unless another meeting location is requested by the Chairman and approved by the Division Director.

The Board shall annually elect a Chairman. The Division Director shall serve as Secretary of the Board and perform for the Board those duties set forth in Code Section 43-1.

The office of the Board shall be that of the Division Director.

A contractor, as defined by Section 43-23-17 paragraph (a)(1) of the law governing the practice of Landscape Architects in Georgia, may charge a fee for the purpose of consultation regarding the proper use of plants including the preparation of a plan delineating the use of plant…

The State Board of Landscape Architects hereby adopts by reference as its permanent Rules Chapters 295-3 through 295-13, and any future amendments thereto.

(1) An application for licensure as a Landscape Architect by examination shall be submitted on a form provided by the Board and may be received at any time during regular business hours at the office of the Board. (a) Each applicant sitting for the examination must obtain written…

(1) Examinations shall be those examinations prepared by the Council of Landscape Architectural Registration Boards (CLARB) and an examination prepared by or on behalf of the Georgia State Board of Landscape Architects covering information related to the practice of landscape arc…

The Board hereby adopts by reference a fee schedule that sets forth fees established by the Board. The fee schedule is available from the Board office and at the Board's website. Fees may be reviewed and changed at the discretion of the Board. A fee payment that is dishonored is …