Administrative Hearing Request Packet - Georgia
ADMINISTRATIVE HEARING REQUEST PACKET — GEORGIA
Hearing Request, Cover Letter, and Practice Guide
Pursuant to the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq.) and OSAH Rules of Procedure (Ga. Comp. R. & Regs. R. 616-1-2)
TABLE OF CONTENTS
- Hearing Request Cover Letter
- Formal Request for Administrative Hearing
- Statement of Issues / Grounds for Hearing
- Agency Identification and OSAH Referral
- Filing Instructions
- Deadlines and Timeline
- Discovery and Evidence Rules
- Pre-Hearing Conference Procedures
- Hearing Procedures and Rules of Evidence
- Post-Hearing Briefs and Procedures
- Appeal Rights from Administrative Decision
- Document Checklist
- Practice Tips for Georgia Administrative Hearings
- Sources and References
1. HEARING REQUEST COVER LETTER
[Date: __/__/____]
VIA [HAND DELIVERY / CERTIFIED MAIL / FAX / EMAIL / OSAH E-FILING]
[________________________________]
[Agency Name / Agency Clerk]
[________________________________]
[Agency Address Line 1]
[________________________________]
[Agency Address Line 2]
[________________________________]
[City, Georgia ZIP]
RE: Request for Administrative Hearing — Contested Case
Petitioner: [________________________________]
Agency Case/Reference No.: [________________________________]
Agency Action Date: [__/__/____]
Dear [________________________________]:
Pursuant to the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-13
et seq., and the OSAH Rules of Procedure, Ga. Comp. R. & Regs. R.
616-1-2, the undersigned hereby submits this Request for Administrative
Hearing on behalf of [________________________________] ("Petitioner")
to contest the [________________________________] [describe agency
action: denial, revocation, suspension, fine, enforcement order, etc.]
issued by [________________________________] [Agency Name] on
[__/__/____].
Petitioner received notice of the agency action on [__/__/____]. This
request is timely filed within the [____]-day period prescribed by
[________________________________] [cite applicable statute, regulation,
or agency notice provision].
Petitioner requests that this matter be referred to the Office of State
Administrative Hearings (OSAH) for hearing before an Administrative Law
Judge pursuant to O.C.G.A. § 50-13-41.
Enclosed with this letter are the following documents:
1. Formal Request for Administrative Hearing
2. Statement of Issues / Grounds for Hearing
3. Copy of Agency Action/Notice Being Contested
4. Supporting Documentation
5. Proof of Service
6. [Additional: ________________________________]
Please acknowledge receipt and forward this request to OSAH within
thirty (30) days as required by O.C.G.A. § 50-13-41. Please direct
all communications regarding this matter to:
[________________________________]
[Attorney Name]
[________________________________]
[Georgia Bar No.]
[________________________________]
[Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, Georgia ZIP]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]
Respectfully submitted,
____________________________________
[Signature]
[Printed Name]
Georgia Bar No.: [________________________________]
Date: [__/__/____]
2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING
BEFORE THE OFFICE OF STATE ADMINISTRATIVE HEARINGS
STATE OF GEORGIA
In the Matter of:
[________________________________],
Petitioner,
v.
[________________________________],
[Agency Name],
Respondent.
Agency Case No.: [________________________________]
OSAH Docket No.: [________________________________] (to be assigned)
REQUEST FOR HEARING IN CONTESTED CASE
Petitioner, [________________________________], by and through undersigned counsel, hereby requests an administrative hearing in a contested case pursuant to O.C.G.A. § 50-13-13 and § 50-13-41, and states as follows:
I. PARTIES
-
Petitioner:
- Full Legal Name: [________________________________]
- Address: [________________________________]
- City, State, ZIP: [________________________________]
- Phone: [________________________________]
- Fax: [________________________________]
- Email: [________________________________]
- License/Permit No. (if applicable): [________________________________] -
Attorney/Representative for Petitioner:
- Name: [________________________________]
- Georgia Bar No.: [________________________________]
- Firm: [________________________________]
- Address: [________________________________]
- City, State, ZIP: [________________________________]
- Phone: [________________________________]
- Fax: [________________________________]
- Email: [________________________________] -
Respondent Agency:
- Agency Name: [________________________________]
- Division/Bureau: [________________________________]
- Agency Contact: [________________________________]
- Address: [________________________________]
- City, State, ZIP: [________________________________]
- Phone: [________________________________]
II. STATEMENT OF THE CASE
-
On [__/__/____], the [________________________________] [Agency Name] issued [________________________________] [describe the agency action: e.g., Notice of Denial, Order of Revocation, Notice of Assessment, Administrative Complaint, etc.].
-
Petitioner received notice of the agency action on [__/__/____] via [________________________________] [method of receipt: certified mail, personal service, email, etc.].
-
The agency action purports to [________________________________] [describe what the agency action does: deny Petitioner's application, revoke Petitioner's license, impose a fine/penalty, etc.].
-
Agency case or reference number: [________________________________]
III. JURISDICTION
- This request is properly before OSAH because:
☐ The agency action constitutes a "contested case" as defined by O.C.G.A. § 50-13-2(2)
☐ The hearing is not presided over by the agency head or board that is the ultimate decision maker
☐ The matter is within OSAH's jurisdiction under O.C.G.A. § 50-13-41 and § 50-13-42
IV. GROUNDS FOR HEARING
- Petitioner contests the agency action on the following grounds:
a. [________________________________]
[________________________________]
b. [________________________________]
[________________________________]
c. [________________________________]
[________________________________]
d. [________________________________]
[________________________________]
V. FACTS IN SUPPORT
- The material facts supporting this request are:
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
VI. STATUTES AND RULES AT ISSUE
- The following statutes and rules are at issue:
- [________________________________]
- [________________________________]
- [________________________________]
- [________________________________]
VII. RELIEF REQUESTED
- Petitioner requests the following relief:
☐ A contested case hearing before an OSAH Administrative Law Judge
☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Stay of the agency action pending hearing
☐ Award of attorney fees and costs (if authorized by statute)
☐ Other relief: [________________________________]
VIII. STAY REQUEST
☐ Petitioner DOES request a stay of the agency action pending hearing.
☐ Petitioner DOES NOT request a stay at this time.
If stay is requested:
(a) Irreparable Harm:
[________________________________]
[________________________________]
(b) Likelihood of Success:
[________________________________]
[________________________________]
(c) Balance of Equities:
[________________________________]
[________________________________]
(d) Public Interest:
[________________________________]
[________________________________]
IX. VERIFICATION
I, [________________________________], verify under oath that the statements in this request are true and correct to the best of my knowledge, information, and belief.
____________________________________
Signature of Petitioner or Authorized Representative
Sworn to and subscribed before me this [____] day of [________________], 20[____].
____________________________________
Notary Public
My Commission Expires: [__/__/____]
3. STATEMENT OF ISSUES / GROUNDS FOR HEARING
DETAILED STATEMENT OF CONTESTED ISSUES
Issue 1: [________________________________]
-
Factual Basis: [________________________________]
[________________________________] -
Applicable Statute/Regulation: [________________________________]
- Why the Agency Action Is Erroneous: [________________________________]
[________________________________]
Issue 2: [________________________________]
-
Factual Basis: [________________________________]
[________________________________] -
Applicable Statute/Regulation: [________________________________]
- Why the Agency Action Is Erroneous: [________________________________]
[________________________________]
Issue 3: [________________________________]
-
Factual Basis: [________________________________]
[________________________________] -
Applicable Statute/Regulation: [________________________________]
- Why the Agency Action Is Erroneous: [________________________________]
[________________________________]
Additional Issues:
[________________________________]
[________________________________]
[________________________________]
BRIEF FACTUAL NARRATIVE
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
4. AGENCY IDENTIFICATION AND OSAH REFERRAL
Georgia Office of State Administrative Hearings (OSAH)
Georgia has a centralized administrative hearings court — the Office of State Administrative Hearings (OSAH) — established under O.C.G.A. § 50-13-40 et seq.
OSAH Contact Information:
- Office of State Administrative Hearings
- 225 Peachtree Street, NE, Suite 400
- Atlanta, Georgia 30303
- Phone: (404) 651-6150
- Fax: (404) 651-5795
- Website: https://osah.ga.gov
- E-Filing: Available via OSAH electronic filing system
OSAH Jurisdiction (O.C.G.A. § 50-13-41, § 50-13-42):
OSAH has jurisdiction over contested case hearings when:
- A state agency authorized by law to determine contested cases initiates or receives a request for hearing, AND
- The hearing is not presided over by the agency head, board, or body that is the ultimate decision maker
OSAH Referral Process:
- The hearing request is filed with the agency that took the action
- The agency must forward the request to OSAH within 30 days of receipt (O.C.G.A. § 50-13-41)
- If the agency fails to forward within 30 days, the petitioner may file directly with OSAH
- OSAH assigns an Administrative Law Judge (ALJ)
- The ALJ issues a Notice of Hearing
Common Agencies Referring Cases to OSAH:
| Agency | Typical Matters |
|---|---|
| Department of Revenue | Tax assessments, tax disputes |
| Secretary of State | Professional licensing |
| Department of Behavioral Health and Developmental Disabilities | Mental health facility licensing |
| Department of Community Health | Medicaid, health facility regulation |
| Department of Natural Resources | Environmental permits, enforcement |
| Department of Education | Teacher certification, school law |
| Department of Public Health | Health licensing and regulation |
| Department of Driver Services | Driver's license suspensions |
| Department of Labor | Unemployment insurance |
| Georgia Real Estate Commission | Real estate licensing |
| Georgia Board of Pharmacy | Pharmacy licensing |
| Insurance Commissioner | Insurance regulation |
5. FILING INSTRUCTIONS
How to File a Hearing Request in Georgia
Step 1: File with the Agency First
The hearing request must initially be filed with the agency that issued the adverse action. Do NOT file directly with OSAH unless the agency has failed to forward the request within 30 days.
Accepted Filing Methods (OSAH Rule 616-1-2-.05):
☐ In Person: At the agency's office or OSAH Clerk's office
☐ U.S. Mail: Certified mail, return receipt requested (recommended)
☐ Facsimile: If accepted by the agency
☐ Email Attachment: If accepted by the agency
☐ OSAH Electronic Filing System: For filings directly with OSAH
Step 2: Document Format Requirements (OSAH Rule 616-1-2-.05)
- All documents filed with OSAH must be in 8 1/2" x 11" format
- Case-initiating documents shall be filed with the OSAH Clerk
- Subsequent filings shall be filed with the assigned Judge's office
Step 3: Service Requirements
- Serve a copy of all filings on all parties and their counsel
- Use service methods authorized by the OSAH Rules
- Retain proof of service
Step 4: Filing Fees
- Georgia does not generally charge filing fees for administrative hearing requests
- Confirm with the specific agency whether any fee applies
Step 5: Confirmation
☐ Obtain confirmation of filing from the agency
☐ Track the 30-day OSAH referral deadline
☐ If the agency fails to forward within 30 days, petition OSAH directly
6. DEADLINES AND TIMELINE
Critical Georgia Administrative Hearing Deadlines
Filing Deadline for Hearing Request:
- The deadline is set by the specific statute, regulation, or agency notice governing the action
- Common deadlines include:
- Professional license actions: typically 30 days from notice
- Tax assessments: typically 30 days from notice of assessment
- Driver's license suspensions (ALS): 30 days from notice (O.C.G.A. § 40-5-67.1)
- Benefits determinations: as specified in the notice
- Environmental enforcement: as specified in the order or regulation
- IMPORTANT: Check the agency notice carefully for the specific deadline
Agency Referral to OSAH:
- Agency must forward the hearing request to OSAH within 30 days of receipt (O.C.G.A. § 50-13-41)
- If the agency fails to forward, the petitioner may petition OSAH for permission to file directly
Timeline After OSAH Assignment:
| Stage | Typical Timeframe |
|---|---|
| Agency forwards request to OSAH | Within 30 days of receipt |
| OSAH assigns ALJ | Upon receipt from agency |
| Notice of Hearing issued | As soon as practicable after case is commenced |
| Pre-hearing conference | As scheduled by ALJ |
| Amendment of pleadings (without leave) | Up to 10 calendar days before hearing |
| Witness/exhibit exchange | As ordered by ALJ |
| Hearing date | Varies; typically 30-90 days after OSAH assignment |
| ALJ decision | Within 30 days after close of record (O.C.G.A. § 50-13-41) |
| Agency review of ALJ decision | As provided by agency statute/rules |
| Petition for judicial review | Within 30 days of final agency decision (O.C.G.A. § 50-13-19) |
7. DISCOVERY AND EVIDENCE RULES
Discovery in Georgia OSAH Proceedings
General Principle — No Automatic Right to Discovery:
Under OSAH Rule 616-1-2-.14, the rules regarding pre-hearing conferences, exchanging exhibits, and witness lists do not create a right to discovery. Discovery in OSAH proceedings is more limited than in civil litigation.
Pre-Hearing Exchange of Information:
The ALJ may order the parties to:
☐ Exchange witness lists
☐ Exchange exhibits
☐ Submit prehearing proposals
☐ File stipulations of fact
Subpoenas and Notices to Produce (Rule 616-1-2-.19):
- The ALJ has authority to issue subpoenas for witnesses and documents
- A party seeking a subpoena should file a written request with the ALJ
- The request should identify the witness or documents and state their relevance
- Subpoenas are enforceable through the courts if necessary
Open Records Act Requests:
- Georgia's Open Records Act (O.C.G.A. § 50-18-70 et seq.) provides a mechanism to obtain agency records
- Use Open Records Act requests to supplement the hearing record and gather evidence
- File Open Records Act requests early in the process
Evidence Preservation:
- Send written preservation demands to the agency if records may be at risk
- Document all communications regarding evidence
Exhibit Preparation:
☐ Mark all exhibits sequentially (Petitioner's Exhibit 1, 2, 3, etc.)
☐ Prepare three copies: one for the ALJ, one for the opposing party, one for your records
☐ Prepare an exhibit index listing each exhibit with a brief description
8. PRE-HEARING CONFERENCE PROCEDURES
Georgia OSAH Pre-Hearing Conferences (Rule 616-1-2-.14)
Scheduling:
- The ALJ may schedule a pre-hearing conference at any time after the case is commenced
- Pre-hearing conferences may be conducted in person, by telephone, or by video
Matters Addressed at Pre-Hearing Conference:
☐ Identification and simplification of issues
☐ Stipulations of fact and law
☐ Exchange of witness lists and exhibit lists
☐ Scheduling of the evidentiary hearing
☐ Estimated length of hearing
☐ Pending and anticipated motions
☐ Settlement discussions or mediation
☐ Accommodation requests (interpreter, accessibility)
☐ Discovery disputes (if discovery has been ordered)
☐ Identification of witnesses and exhibits
Pre-Hearing Conference Order:
- The ALJ may issue a pre-hearing order memorializing rulings, agreements, and deadlines
- All parties must comply with the pre-hearing order
Amendment of Pleadings (Rule 616-1-2-.09):
- A party may amend a pleading without leave of the Court up to the 10th calendar day prior to the hearing date, unless otherwise ordered
- After that point, amendment requires written consent of the opposing party or leave of the ALJ for good cause shown
- Responses to amendments: within 7 calendar days of service, unless otherwise ordered
Motions (Rule 616-1-2-.16):
All requests to the Court shall be made by motion. Common pre-hearing motions include:
☐ Motion to Dismiss
☐ Motion for Summary Determination (Rule 616-1-2-.15)
☐ Motion to Continue
☐ Motion to Compel
☐ Motion in Limine
☐ Motion for Protective Order
☐ Motion to Intervene
Summary Determination (Rule 616-1-2-.15):
- A party may move for summary determination
- The opposing party has 20 calendar days to file a response or counter-motion
- The ALJ may grant summary determination if there is no genuine issue of material fact
9. HEARING PROCEDURES AND RULES OF EVIDENCE
Conduct of Administrative Hearings at OSAH
ALJ Powers (O.C.G.A. § 50-13-41):
The ALJ has all the powers of the ultimate decision maker in the agency with respect to a contested case, including the power to:
- Administer oaths and affirmations
- Issue subpoenas for witnesses and documents
- Rule on offers of proof and receive evidence
- Regulate the course of the hearing
- Hold conferences for simplification of issues
- Dispose of procedural requests or similar matters
- Issue decisions and orders
Notice of Hearing:
- As soon as practicable after a case is commenced, OSAH issues a Notice of Hearing
- The notice includes the date, time, and location of the hearing
- Parties must appear at the scheduled time or risk default
Parties' Rights at Hearing:
☐ Right to be represented by counsel at own expense
☐ Right to present evidence (documentary and testimonial)
☐ Right to cross-examine witnesses
☐ Right to present rebuttal evidence
☐ Right to make opening and closing statements
☐ Right to a record of the proceedings
Rules of Evidence (Rule 616-1-2-.18):
- The strict rules of evidence applied in civil trials do not apply in OSAH proceedings
- Evidence is admissible if it is relevant, material, and reliable
- The ALJ may exclude irrelevant, immaterial, or unduly repetitious evidence
- Hearsay evidence is admissible but may be given less weight
- Privileged communications are protected
- The ALJ may take official notice of generally recognized facts and technical or scientific facts within the agency's specialized knowledge
Weight of Evidence:
- The ALJ determines the weight to be given evidence
- Documentary evidence and testimony are weighed based on reliability, credibility, and relevance
- Expert testimony may be given greater weight on technical or scientific matters within the expert's field
Burden of Proof:
- In license revocation/suspension cases: the agency typically bears the burden by a preponderance of the evidence
- In license application/denial cases: the applicant typically bears the burden
- In enforcement actions: the agency typically bears the burden
- Standard: preponderance of the evidence unless otherwise specified by statute
Order of Proceedings:
- Preliminary matters (representation, stipulations, sequestration)
- Opening statements
- Party with burden of proof presents case-in-chief
- Cross-examination by opposing party
- Responding party presents case
- Cross-examination
- Rebuttal evidence (if permitted)
- Closing arguments (oral or written, as directed by ALJ)
- Record closes
Default:
- If a party fails to appear at a scheduled hearing, the ALJ may proceed with the hearing in the party's absence or may enter a default order
- A party who has defaulted may file a motion to vacate the default within a reasonable time
10. POST-HEARING BRIEFS AND PROCEDURES
Post-Hearing Procedures at OSAH
Post-Hearing Briefs:
- The ALJ may order or permit post-hearing briefs
- Briefs typically address the evidence presented, applicable law, and proposed findings
- Filing deadlines are set by the ALJ
Proposed Findings of Fact and Conclusions of Law:
- The ALJ may require parties to submit proposed findings of fact and conclusions of law
- These should be supported by specific citations to the hearing record and applicable authority
ALJ Decision (O.C.G.A. § 50-13-41):
- Within 30 days after the close of the record, the ALJ shall issue a decision to all parties
- An extension may be granted if the complexity of the issues and the length of the record require additional time
- The decision shall include findings of fact, conclusions of law, and a recommended or final order
Agency Review:
- The reviewing agency receives the ALJ's decision
- The agency may accept, reject, or modify the ALJ's decision depending on the applicable statutory framework
- Some agencies retain final decision-making authority; others are bound by the ALJ's decision
- Under O.C.G.A. § 50-13-41(e), the reviewing agency can reverse or modify the ALJ's decision only under specific circumstances defined by the statute
Motion for Reconsideration:
- A party may file a motion for reconsideration within the timeframe set by the ALJ or OSAH rules
- The motion should identify specific errors of fact or law in the decision
11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION
Judicial Review Under O.C.G.A. § 50-13-19
Right to Judicial Review:
Any person who has exhausted administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review.
Where to File:
- Superior Court of the county where the agency maintains its headquarters, OR
- Superior Court of the county where the petitioner resides, OR
- As otherwise provided by law
Filing Deadline:
- A petition for judicial review must be filed within 30 days after service of the final agency decision (O.C.G.A. § 50-13-19(b))
- This deadline is jurisdictional
Contents of Petition for Judicial Review:
☐ A statement of the agency action being challenged
☐ Identification of the parties
☐ A statement of the grounds for review
☐ A demand for relief
Record on Review:
- The agency must prepare and transmit the record within the time specified by the court
- The record includes all pleadings, evidence, exhibits, decisions, and transcripts
- The cost of preparing the record is borne by the petitioner unless otherwise ordered
Standard of Review (O.C.G.A. § 50-13-19(h)):
The court shall not substitute its judgment for that of the agency. The court may affirm, reverse, or remand the case. The court may reverse or modify the decision if substantial rights have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
☐ In violation of constitutional or statutory provisions
☐ In excess of the statutory authority of the agency
☐ Made upon unlawful procedure
☐ Affected by other error of law
☐ Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
☐ Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion
Stay Pending Review:
- A party may apply to the court for a stay of the agency action pending judicial review
- The court will consider the likelihood of success, irreparable harm, balance of equities, and public interest
12. DOCUMENT CHECKLIST
Georgia Administrative Hearing — Filing Checklist
Pre-Filing Preparation:
☐ Obtained and reviewed the agency notice/decision being contested
☐ Identified the applicable statute or regulation governing the right to hearing
☐ Confirmed the filing deadline (check the agency notice)
☐ Identified whether OSAH or the agency conducts the hearing
☐ Retained Georgia counsel or determined to proceed pro se
☐ Gathered relevant documents and evidence
Filing Package — Required Documents:
☐ Cover Letter (Section 1 of this packet)
☐ Formal Request for Administrative Hearing (Section 2)
☐ Statement of Issues / Grounds for Hearing (Section 3)
☐ Copy of the agency action/notice being contested
☐ Verification (sworn or notarized, if required)
☐ Proof of service on the agency
Filing Package — Optional/Supplemental Documents:
☐ Request for stay of agency action (with supporting grounds)
☐ Supporting evidence (documents, declarations, records)
☐ Open Records Act request for agency records
☐ Request for accommodation (interpreter, disability access, remote hearing)
☐ Authorization for representative (if not an attorney)
☐ Subpoena request(s)
☐ Motion for expedited hearing (if circumstances warrant)
Post-Filing Follow-Up:
☐ Confirmed receipt of filing by the agency
☐ Tracked the 30-day OSAH referral deadline
☐ If agency failed to forward within 30 days, petitioned OSAH directly
☐ Received OSAH assignment and docket number
☐ Calendared hearing date and all interim deadlines
☐ Prepared witness list and exhibit list
☐ Exchanged exhibits as ordered by ALJ
☐ Filed pre-hearing brief or proposals (if required)
☐ Arranged for witnesses to appear at hearing
☐ Prepared opening and closing statements
☐ Calendared 30-day judicial review deadline from final agency decision
13. PRACTICE TIPS FOR GEORGIA ADMINISTRATIVE HEARINGS
Strategic Considerations for OSAH Practice
-
File with the Agency First: The hearing request must be filed with the agency, not directly with OSAH. The agency then has 30 days to forward to OSAH. If the agency fails to do so, O.C.G.A. § 50-13-41 allows you to petition OSAH for an order permitting direct filing.
-
OSAH Is a Court: Georgia's OSAH functions as a court of administrative law. The ALJ has all the powers of the ultimate decision maker in the agency. Treat OSAH proceedings with the formality of a court proceeding.
-
No Automatic Right to Discovery: Unlike civil litigation, OSAH proceedings do not include an automatic right to discovery. Use Open Records Act requests (O.C.G.A. § 50-18-70 et seq.) to obtain agency records before or during the proceeding.
-
Amendment Deadlines: Pleadings may be amended without leave up to 10 calendar days before the hearing. After that, you need opposing party consent or leave of court for good cause. Plan your case early to avoid last-minute amendment issues.
-
ALJ Decision Timeline: The ALJ must issue a decision within 30 days after the close of the record, unless complexity requires an extension. This means hearings move quickly compared to court litigation.
-
Relaxed Rules of Evidence: Formal rules of evidence do not strictly apply. Hearsay is admissible but given less weight. Focus on presenting reliable, probative evidence and building a clear factual record.
-
Summary Determination: OSAH Rule 616-1-2-.15 permits motions for summary determination — the administrative equivalent of summary judgment. Consider whether the undisputed facts support your position before committing to a full hearing.
-
Electronic Filing: OSAH has an electronic filing system. Familiarize yourself with OSAH's e-filing procedures and format requirements before the filing deadline.
-
Document Format: All filings must be on 8 1/2" x 11" paper. Comply with all formatting requirements to avoid having filings rejected.
-
Agency Review of ALJ Decision: After the ALJ issues a decision, the reviewing agency may accept, reject, or modify it. Understand the specific statutory framework governing the agency's review authority for your type of case.
-
Exhaustion of Remedies: Before seeking judicial review, ensure all administrative remedies have been exhausted. File any required motions for reconsideration at the administrative level first.
-
Judicial Review Standard: Courts apply a deferential standard — they do not substitute their judgment for the agency's. Findings of fact are reviewed under the "clearly erroneous" standard. Focus on building a strong record at the OSAH hearing.
-
Prepare for Settlement: Many contested cases are resolved by negotiation before or during the hearing. Be prepared to discuss settlement at pre-hearing conferences and at the hearing itself.
-
Default Risk: Failure to appear at a scheduled hearing can result in a default order against you. Calendar all hearing dates and confirm appearances in advance.
14. SOURCES AND REFERENCES
Georgia Statutes
- Georgia Administrative Procedure Act: O.C.G.A. § 50-13-1 et seq.
- § 50-13-2: Definitions
- § 50-13-13: Contested Cases — Notice; Hearing
- § 50-13-15: Decisions and Orders
- § 50-13-17: Licenses — Suspension, Revocation, Annulment, Withdrawal
- § 50-13-19: Judicial Review
- § 50-13-40: Office of State Administrative Hearings — Creation
- § 50-13-41: OSAH Hearing Procedures; Powers of ALJ
- § 50-13-42: OSAH Jurisdiction
- Georgia Open Records Act: O.C.G.A. § 50-18-70 et seq.
Georgia Administrative Rules
- OSAH Administrative Rules of Procedure: Ga. Comp. R. & Regs. R. 616-1-2
- R. 616-1-2-.02: Definitions
- R. 616-1-2-.04: Commencement of Contested Cases
- R. 616-1-2-.05: Filing of Documents
- R. 616-1-2-.09: Amendments
- R. 616-1-2-.14: Conferences; Prehearing Proposals; Exchanging Exhibits and Witness Lists
- R. 616-1-2-.15: Summary Determination
- R. 616-1-2-.16: Motions
- R. 616-1-2-.18: Rules of Evidence; Official Notice; Weight of Evidence
- R. 616-1-2-.19: Subpoenas; Notices to Produce
Online Resources
- Georgia Office of State Administrative Hearings: https://osah.ga.gov
- OSAH FAQ: https://osah.ga.gov/faq/
- OSAH Rules of Procedure (PDF): https://osah.ga.gov/wp-content/uploads/2022/06/Admin.-Rules-of-Procedure_Eff.-June-7-2022.pdf
- Georgia Administrative Rules: https://rules.sos.ga.gov/gac/616-1-2
- Georgia Code (Justia): https://law.justia.com/codes/georgia/title-50/chapter-13/
- Georgia Courts — OSAH: https://georgiacourts.gov/osah/
This template is provided for informational purposes only and does not constitute legal advice. Georgia OSAH rules and procedures are subject to change. Always consult with a qualified Georgia attorney and verify current statutes, rules, and OSAH requirements before filing. Last updated: 2026-03-07.
About This Template
Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: March 2026