2021 Georgia Code
Title 50 - State Government
Chapter 13 - Administrative Procedure
Article 1 - General Provisions
§ 50-13-15. Rules of Evidence in Contested Cases; Official Notice; Conducting Hearings by Utilizing Remote Electronic Communications
In contested cases:
- Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
- Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state;
- A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts;
- Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence; and
- Any hearing which is required or permitted hereunder may be conducted by utilizing remote electronic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing. In the administrative law judge's discretion, one or more witnesses may participate by remote electronic communications.
(Ga. L. 1964, p. 338, § 16; Ga. L. 1965, p. 283, §§ 15, 16; Ga. L. 1979, p. 1014, § 1; Ga. L. 1982, p. 871, §§ 1, 2; Ga. L. 2021, p. 118, § 1/HB 553.)
The 2021 amendment, effective April 29, 2021, in paragraph (5), substituted "electronic" for "telephonic" in the middle of the first sentence and added the second sentence.
OPINIONS OF THE ATTORNEY GENERAL
Conduct of hearings in informal manner.
- With the passage of Ga. L. 1968, p. 338, § 1 et seq. (see O.C.G.A. T. 50, C. 13), the bell was tolled on the practice of conducting hearings in an informal manner except by stipulation of the parties, agreed settlement, the entry of consent orders, or defaults. 1965-66 Op. Att'y Gen. No. 66-36.
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d, Administrative Law, § 344 et seq.
C.J.S.- 73A C.J.S., Public Administrative Law and Procedure, §§ 235 et seq., 264 et seq.
U.L.A.- Model State Administrative Procedure Act (U.L.A.) § 4-201 et seq.
ALR.
- Necessity of some evidence at hearing to support decision of public board or official required to be made after or upon hearing, 123 A.L.R. 1349.
Administrative decision or finding based on evidence secured outside of hearing, and without presence of interested party or counsel, 18 A.L.R.2d 552.
Hearsay evidence in proceedings before state administrative agencies, 36 A.L.R.3d 12.
