Translated by IRIS Georgia
Updated as of March 2004
Article 109. Witnesses and experts in a formal administrative proceeding
1. In a formal administrative proceeding a witness shall testify and an expert shall
provide his evidence.
2. A court shall render a decision regarding the legality of the denial to provide
testimony or expert evidence.
3. An interested party shall be provided with an opportunity to express his opinion
regarding expert evidence or the testimony of a witness.
4. An interested party may attend the interrogation of a witness or expert, ask them
questions, gain access to the written evidence of an expert, and attend the inspection
of the incident scene.
5. An interested party shall reimburse the witness and expert invited by it for the
expenses incurred.
Article 110. Oral hearing
1. The decision of an administrative agency shall be based only upon an oral hearing.
2. Interested parties shall be notified of an oral hearing at least seven days before its
commencement and shall be invited to the hearing.
3. The invitation shall include the reference to the power of an administrative agency to
review and solve the case without the participation of interested parties, except as
prescribed by law.
4. If the number of interested parties exceeds 50, the administrative agency may invite
interested parties by publishing a notice in an official periodical. The notice shall
include the reference to the subject matter of the hearing, the title of the
administrative agency conducting the hearing, the ground for commencing the
administrative proceeding and the time and place of the hearing.
5. An oral hearing shall not last more than one business day.
Article 111. The procedures for conducting an oral hearing
1. The sessions of an oral hearing shall be public. The chairperson of the session may
close it for the purpose of protecting state, commercial, professional or private secrets
of parties.
2. The session shall be opened and presided over by an authorized official.
3. The participation in an oral hearing shall be permitted for the authorized officials of
an administrative agency, representatives of higher agency, interested parties, and the
experts and witnesses invited to the hearing.
4. The chairperson of a session shall ensure the investigation of important case-related
circumstances during an oral hearing and shall enable any attending interested party
to express his opinion regarding the case.
5. An interested party may submit a motion regarding the investigation of important
case-related circumstances.
6. The chairman of a session shall ensure maintenance of order during the session. He
may give a warning to a person who disrupts order, and in special cases may dismiss
him from the session hall.
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