Notice of Opportunity for Hearing

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  2. Georgia Code
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  5. Notice of Opportunity for Hearing

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  1. Where the Secretary of State has issued any order to discipline, deny, suspend, or revoke a license of an applicant or person licensed pursuant to this chapter, he or she shall promptly send to the respondent to such order a notice of opportunity for hearing. Before entering an order refusing to issue a license pursuant to this chapter to any person and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person a notice of opportunity for hearing.
  2. Notices of opportunity for hearing shall be served personally by investigators appointed by the Secretary of State, sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on the licensee's application, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state:
    1. The order which has issued or which is proposed to be issued;
    2. The ground for issuing such order or proposed order;
    3. A statement of the right of any party to subpoena witnesses and documentary evidence through the Secretary of State;
    4. That the person to whom such notice is sent will be afforded a hearing in accordance with the Code Sections 50-13-18 and 50-13-41; and
    5. Contested cases shall be heard by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50.
  3. If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings and conclusions of laws with respect to the matters involved.

(Code 1981, §43-20A-19, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055.)


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