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2006 Georgia Code - 46-2-58
46-2-58. (a) The commission shall employ one or more
hearing officers to perform the duties set forth in this Code
section. Hearing officers shall be persons qualified by knowledge
and experience to conduct hearings on utility and transportation
matters. In addition, the commission may employ part-time hearing
officers, if necessary, to handle the caseload. (b) In all utility proceedings commenced after
July 1, 1981, any hearing may be conducted by a hearing officer,
who shall have authority to: (1) Administer oaths and affirmations;
(2) Sign and issue subpoenas for
discovery or trial; (3) Rule
upon offers of proof; (4)
Regulate the course of the hearing, setting the time and place for
continued hearings; (5)
Permit persons to make limited appearances as provided in Code
Section 46-2-59; (6) Take
official notice of judicially recognizable facts;
(7) Reprimand or exclude from the
hearing any person for any indecorous or improper conduct committed
at or during a hearing; (8)
Exercise such other powers necessary for the efficient and
expeditious conduct of the hearing, to the end that a complete and
orderly record may be developed; and (9) Make written findings of fact based upon
evidence in the record. (c)
The hearing officer or commission shall permit only the
Commissioners, the hearing officer, the parties, or the attorneys
of record of the Commissioners, hearing officers, or parties to
examine or cross-examine witnesses, except with the consent of the
witness. (d) Within 30 days
after the conclusion of a hearing, the hearing officer shall
prepare and certify a record of the evidence to the commission. The
hearing officer shall also transmit to the commission proposed
written findings of fact based upon evidence in the record. A copy
of the record and findings of fact shall be provided all parties of
record by the hearing officer. The hearing officer may render an
initial or recommended decision in uncontested cases, if directed
to do so by the commission. Any such recommended decision shall
also be served upon the parties of record, who shall be provided an
opportunity to file with the commission its objections or
comments.
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