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P&CGeorgiamedium

A Georgia producer receives notice of a contested-case hearing before the OCISF for alleged twisting in violation of the Unfair Trade Practices Act. Under O.C.G.A. § 50-13-13, which procedural right is the producer entitled to at the hearing?

The right to be represented by counsel, to present evidence, and to cross-examine adverse witnesses
BThe right to a jury of twelve drawn from the county where the alleged conduct occurred
CThe right to demand that the Commissioner personally preside over every contested matter
DThe right to remain silent without the silence being noted in the record

Why this is the answer

OCISF disciplinary hearings are governed by the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-13. The producer is entitled to written notice of the charges, the right to retain counsel, an opportunity to present documentary and testimonial evidence, the right to cross-examine adverse witnesses, and a decision in writing based on the record. There is no right to a civil jury at an administrative hearing because the proceeding is not a court trial; judicial review of the final agency decision is available in superior court under O.C.G.A. § 50-13-19, but that review is on the administrative record, not de novo.

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