One Click Case Law for § 37-4-43
O.C.G.A. § 37-4-42 <-- --> O.C.G.A. §37-4-44

2010 Georgia Code

TITLE 37 - MENTAL HEALTH

CHAPTER 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY
ARTICLE 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT
PART 2 - COURT ORDERED SERVICES
§ 37-4-43 - Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel

O.C.G.A. 37-4-43 (2010)
37-4-43. Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel


(a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-4-42. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.

(b) The hearing examiners shall have the authority to:

(1) Administer oaths and affirmations;

(2) Sign and issue subpoenas;

(3) Rule upon offers of proof;

(4) Regulate the course of the hearing;

(5) Provide for the taking of testimony by deposition;

(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and

(7) Make all appropriate orders authorized by this chapter.

(c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.

(d) In the event a client desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the client. Payment for such representation shall be made by the county of the client's legal residence.