45-19-37. Referral of complaint to hearing officer or special master; notice; answer.

Unless the administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement, the administrator shall either refer the complaint to an administrative law judge of the Office of State Administrative Hearings, or, for complaints identifying the Office of State Administrative Hearings as the respondent, request that the Governor appoint, from the list provided for by subsection (e) of Code Section 45-19-23, a special master to conduct a hearing in accordance with this article. Not more than 15 working days after such request, the Governor shall select and appoint a special master who shall be an attorney licensed to practice law in this state. The hearing officer to whom the complaint is referred shall have all of the power and authority granted to agencies in conducting hearings and rendering final orders under Chapter 13 of Title 50, the Georgia Administrative Procedure Act.#

Not more than seven days after the referral to the hearing officer, the administrator shall serve on the respondent and on the complainant or the complainant’s attorney by registered or certified mail or statutory overnight delivery a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the hearing officer at a time and place specified in the notice. Such notice shall contain all general and specific charges against the respondent.#

The respondent shall serve an answer with the hearing officer by registered or certified mail or statutory overnight delivery not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the hearing officer in the hearing officer’s discretion for an additional time not to exceed ten working days. The respondent’s answer shall show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complainant’s attorney at the last known address of the complainant or the complainant’s attorney where complainant is represented by an attorney. Upon leave of the hearing officer, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the hearing officer, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the hearing officer may enter the respondent’s default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.#

A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the hearing officer, any other person may intervene, examine and cross-examine witnesses, and present evidence.#

Efforts at conference, conciliation, and persuasion shall not be received in evidence.#

Except as otherwise specifically provided for in this article, all proceedings of the hearing officer shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”#

A complainant may retain at the complainant’s own expense private counsel to represent the complainant in any proceeding provided for under this article; however, the complainant may utilize the services of an individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 in presenting the complainant’s case before the hearing officer.#