Translated by IRIS Georgia Updated as of March 2004 Article 96. Investigation of the circumstances of a case 1. During an administrative proceeding, an administrative agency shall investigate all important case-related circumstances and render the decision through the evaluation and comparison of those circumstances. 2. The issuance of an administrative act may not be based upon the circumstance or fact that were not investigated by an administrative agency pursuant to applicable procedure. 3. An administrative agency may not deny the application or request/motion regarding the matter that falls within its jurisdiction, without an advance investigation, on the ground that the application or request is not reasoned. 4. An interested party shall cooperate with an administrative agency during the administrative proceeding, as prescribed by law. 5. An interested party shall appear in an administrative agency and provide an explanation only when expressly required by law. Article 97. The examination of evidence during an administrative proceeding 1. Based on the circumstances of a case, an administrative agency may: (a) request documents, (b) collect information, (c) hear statements of interested parties, (d) visit and examine the scene of the incident, (e) appoint expert examination, (f) use necessary document and acts, and (g) take other applicable measures to collect, inspect, and evaluate evidence. 2. A witness or expert shall provide an administrative agency with explanation only in cases expressly prescribed by law. Explanation shall be sought pursuant to the Civil Procedure Code of Georgia. Article 98. The right of an interested party to present his opinion 1. An interested party to an administrative proceeding may present evidence and the request/petition to investigate the circumstances of a case. 2. Within two days the administrative agency shall render one of the following decisions regarding the request: (a) comply with the request, or (b) deny the request. Article 99. The right to access the materials of an administrative proceeding Page 30 of 54

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