On January 8, 2009, this Court entered an Order granting the Motion for Partial Summary Determination filed by the State Ethics Commission (“Commission”). A hearing was scheduled for January 13, 2009, for the purpose of taking evidence regarding the remaining allegations and determining the appropriate sanction to be imposed for the Respondent’s violations of the Ethics in Government Act, O.C.G.A. SS 21-5-1, et seq.
The Respondent was properly notified of the hearing date but failed to appear. On December 4, 2008, the Notice of Hearing was sent to the Respondent via certified mail. The certified mail was returned “unclaimed” following there attempts at service. However, the Notice of Hearing was also sent to the Petitioner by regular mail, which was not returned. In addition, the Petitioner submitted a letter on January 12, 2009, indicating that she had received notice of the hearing but planned not to attend for medical reasons. See Court file.
The factual allegations remaining for hearing were set forth in paragraph nos. 5 through 10 of the Statement of Matters Asserted. Prior to the hearing, the Commission withdrew the allegations contained in paragraph nos. 9 and 10. Therefore, only the factual allegations of paragraphs 5 through 8 remained for adjudication on January 13, 2009. With respect to those allegations, the Petitioner was in default for failure to appear and failure to participate in the proceedings. Ga. Comp. R. & Regs. r. 616-1-2-.30(1) and (5). In the absence of any evidence from the Respondent, the recommendations of the Commission are adopted, and is here by ORDERED as ATTACHED.Print This Page