“The Importance of an Experienced Attorney When Facing an Administrative Hearing”
February 15, 2019
The Georgia Office of State Administrative Hearings holds numerous types of hearings that impact the daily lives of Georgia citizens.
The two most common types of these hearings are Administrative License Suspension Hearings (aka: ALS Hearing) and Child Abuse Registry Hearings. While these hearings are vastly different, they are still governed by the same set of laws, the “Rules of the Office of State Administrative Hearings” and the “Administrative Rules of Procedure.”
These Rules and Procedures are different from those that govern the State Courts and Superior Courts throughout Georgia. First and foremost, there are strict timeframes that must be followed before a hearing can even take place. For an ALS Hearing, the appeal must be filed within thirty (30) days of the arrest. To appeal being placed on the Child Abuse Registry, an appeal must be filed within ten (10) days. This ten (10) day requirement is one of the shortest imposed in Georgia law. It is imperative to contact an attorney with experience in Administrative Hearings as soon as you receive a letter notifying you that you have been placed on the Child Abuse Registry.
In addition to these strict timeframes, Administrative Hearings are governed by an additional set of laws that are different from those of State and Superior Courts. While State and Superior Courts routinely enforce a party’s right to discovery, there is no such right in Administrative Hearings. While there is no right to discovery, the Administrative Rules of Procedure do permit a knowledgeable and experienced attorney to obtain the necessary information for your case.
In short, Administrative Hearings are unique and controlled by unique laws. The importance of choosing an attorney with knowledge of and experience with these types of hearing cannot be understated. If you have received a letter informing you that you have been placed on the Child Abuse Registry or if your driver’s license has been suspended following an arrest for DUI, call the Weaver Law Firm today to speak with an experienced attorney.