Chapter 480-38 GENERAL INFORMATION
The following Rules govern procedure in "contested cases" as that term is defined in the Georgia Administrative Procedure Act (O.C.G.A. 50-13-2(2)) and which are conducted before the Board of Pharmacy. Additional Rules in subsequent chapters may also apply.
|(1)||The Executive Director shall keep a book known as a docket, which shall be arranged by a sequential numbering system for each case or other matter and shall show for each case of matter, as permitted by law, all proceedings, actions and filings.|
|(2)||The Executive Director shall keep a docket index by both docket number and alphabetical list of the names of the respondents in all proceedings.|
The offices of the Board of Pharmacy shall be open from 8:00 a.m. to 5:00 p.m. each weekday, except State legal holidays.
All communications, including correspondence, motions, and pleadings, shall be filed with the Executive Director, Board of Pharmacy, 2 Peachtree Street, 6th Floor, Atlanta, GA 30303. Copies shall be furnished to all parties of record, including the attorney representing the State. An original of all correspondence, motions, and pleadings shall be filed with the Executive Director and shall comply in all respects with Rule 480-41-.04.
All communications, correspondence, motions and pleadings in any proceedings shall be deemed to be filed or received on the date on which they are actually received by the Executive Director.
Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the office of the Board of Pharmacy is closed, the period shall run until the end of the following business day. When such period of time, with the intervening Saturdays, Sundays and legal holidays counted, is seven (7) days or less, the said Saturdays, Sundays and legal holidays shall be excluded from the computation; or otherwise such days shall be included in the computation.
It shall be within the discretion of the Board or its designee to extend, for good cause shown, any time limit prescribed or allowed by these rules. All requests for an extension should be made by a motion in accordance with 480-40-.01 and shall indicate therein whether all parties concur. The Board or its designee shall notify all parties of its action upon the motion. Extension shall be granted only when the Board or its designee is satisfied that good cause has been shown and not otherwise.
Every notice, pleading, petition, motion or other document filed by a party, represented by an attorney, shall be signed by at least one attorney of record in his/her individual name. His/her address, e-mail address, telephone number, and representative capacity shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address, e-mail address, and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him/her that s/he has read the pleading, and that it is not interposed for delay.
No person not employed by the Board of Pharmacy shall communicate ex-parte with any member of the Board of Pharmacy involved in the decisional process with respect to the merits of a contested case. If any ex-parte communication is directed to any person in violation of these rules, the Board or its designee and all other parties shall be immediately informed of the substance of the communication and the circumstances of its receipt; provided, that a request for information with respect to the status of a proceeding shall not be prohibited by this section.
|(1)|| Form of
Petition. Each petition for promulgation, amendment or repeal of rules made
pursuant to the Georgia Administrative Procedure Act shall be filed with the
Board of Pharmacy. The petition shall be in writing and shall state:
|(2)||Proceeding on Petition. Upon receipt of the petition, the Board of Pharmacy shall decide upon the action to be taken. Within thirty days after receipt of the petition, the Board either shall deny the petition in writing (stating its reasons for the denial) or shall initiate rule-making or rule-changing proceedings in accordance with the Georgia Administrative Procedure Act.|