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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 50. STATE GOVERNMENT |
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Chapter 13. ADMINISTRATIVE PROCEDURE |
| Article 1. GENERAL PROVISIONS |
| Article 2. OFFICE OF STATE ADMINISTRATIVE HEARINGS |
REFS & ANNOS
TITLE 50 Chapter 13 NOTE
CROSS REFERENCES. --Monthly meetings of county boards of education, § 20-2-58. Administrative procedure before Department of Human Services and county boards of health, § 31-5-1 et seq. Conducting of hearings by Commissioner of Insurance, § 33-2-17 et seq. Administrative proceedings before Department of Human Services and county boards of health pursuant to enforcement of mental health laws, § 37-1-50 et seq. Uniform property tax administration and equalization, § 48-5-260 et seq.
LAW REVIEWS. --For survey of Eleventh Circuit decisions covering law applicable to administrative agencies, see 35 Mercer L. Rev. 1029 (1984). For annual survey of administrative law, see 36 Mercer L. Rev. 393 (1984). For article surveying recent developments in administrative law, see 37 Mercer L. Rev. 503 (1985). For article, "The Office of Legislative Counsel," see 23 Ga. St. B.J. 114 (1987). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article surveying recent developments in administrative law, see 39 Mercer L. Rev. 33 (1987). For article, "State Administrative Agency Contested Case Hearings," see 24 Ga. St. B.J. 193 (1988). For survey article on administrative law for the period from June 1, 1997 through May 31, 1999, see 51 Mercer L. Rev. 103 (1999). For survey article on administrative law for the period June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 35 (2003). For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008).
JUDICIAL DECISIONS
PROCEEDINGS OF CITY'S BOARD OF ZONING ADJUSTMENT. --O.C.G.A. Ch. 13, T. 50 does not apply to proceedings of city's board of zoning adjustment (BZA) because the Georgia Administrative Procedure Act applies only to state agencies, and the BZA is a creature of local law. LaFave v. City of Atlanta, 258 Ga. 631, 373 S.E.2d 212 (1988).
STATE PERSONNEL BOARD DECISION. --When the plaintiff, who was demoted by the plaintiff's employer, Georgia Retardation Center, a division of the Department of Human Resources (DHR), pursued the plaintiff's administrative remedies, culminating in the denial of the plaintiff's appeal by the State Personnel Board, and then petitioned the superior court for judicial review, it was held that the plaintiff's employer was governed by the Georgia Administrative Procedure Act (APA), O.C.G.A. § 50-13-1 et seq., but the decision of which plaintiff sought review was one made not by DHR but by the State Personnel Board, which is not governed by the APA, but by the provisions of O.C.G.A. § 45-20-1 et seq. relating to the State Personnel Board. Duval v. Department of Human Resources, 183 Ga. App. 726, 359 S.E.2d 756 (1987).
DUE PROCESS REQUIRED AT HEARINGS. --Georgia Administrative Procedure Act, § 50-13-1 et seq., requires one holding a hearing (anything beyond a "preliminary investigation") to afford notice, right to counsel, right to present evidence, power of subpoena, and other elements of due process with an opportunity for final judicial review. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984).
MOTOR CARRIER'S CERTIFICATE OF CONVENIENCE AND NECESSITY. --Administrative procedure applicable on an application for, or a proceeding to amend, a motor carrier's certificate of convenience and necessity is not that prescribed by the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., in view of Ga. L. 1975, p. 404, which made the Public Service Commission otherwise subject to O.C.G.A. Ch. 13, T. 50 except as to any rate, charge, classification, service hearing, procedure, or matter pertaining to any motor contract carrier, motor common carrier, or railroad. The applicable procedure is that established by O.C.G.A. § 46-2-51. RTC Transp., Inc. v. Georgia Pub. Serv. Comm'n, 165 Ga. App. 539, 301 S.E.2d 896 (1983).
OPINIONS OF THE ATTORNEY GENERAL
STATE ETHICS COMMISSION. --There is no statutory provision in O.C.G.A. Ch. 13, T. 50 or in O.C.G.A. § 50-14-3 which would authorize the State Ethics Commission to deliberate in closed session after hearing evidence in a contested case. 1989 Op. Att'y Gen. No. 89-6.
GEORGIA FIRE ACADEMY is not an agency for purposes of Ga. L. 1964, p. 338, § 1 et seq. (see O.C.G.A. Ch. 13, T. 50) and, as a result, is not required to follow the procedure for adoption of rules as set forth in that law in developing a course of instruction. 1980 Op. Att'y Gen. No. U80-52.
LAW REVIEWS. --For survey of Eleventh Circuit decisions covering law applicable to administrative agencies, see 35 Mercer L. Rev. 1029 (1984). For annual survey of administrative law, see 36 Mercer L. Rev. 393 (1984). For article surveying recent developments in administrative law, see 37 Mercer L. Rev. 503 (1985). For article, "The Office of Legislative Counsel," see 23 Ga. St. B.J. 114 (1987). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article surveying recent developments in administrative law, see 39 Mercer L. Rev. 33 (1987). For article, "State Administrative Agency Contested Case Hearings," see 24 Ga. St. B.J. 193 (1988). For survey article on administrative law for the period from June 1, 1997 through May 31, 1999, see 51 Mercer L. Rev. 103 (1999). For survey article on administrative law for the period June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 35 (2003). For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008).
JUDICIAL DECISIONS
PROCEEDINGS OF CITY'S BOARD OF ZONING ADJUSTMENT. --O.C.G.A. Ch. 13, T. 50 does not apply to proceedings of city's board of zoning adjustment (BZA) because the Georgia Administrative Procedure Act applies only to state agencies, and the BZA is a creature of local law. LaFave v. City of Atlanta, 258 Ga. 631, 373 S.E.2d 212 (1988).
STATE PERSONNEL BOARD DECISION. --When the plaintiff, who was demoted by the plaintiff's employer, Georgia Retardation Center, a division of the Department of Human Resources (DHR), pursued the plaintiff's administrative remedies, culminating in the denial of the plaintiff's appeal by the State Personnel Board, and then petitioned the superior court for judicial review, it was held that the plaintiff's employer was governed by the Georgia Administrative Procedure Act (APA), O.C.G.A. § 50-13-1 et seq., but the decision of which plaintiff sought review was one made not by DHR but by the State Personnel Board, which is not governed by the APA, but by the provisions of O.C.G.A. § 45-20-1 et seq. relating to the State Personnel Board. Duval v. Department of Human Resources, 183 Ga. App. 726, 359 S.E.2d 756 (1987).
DUE PROCESS REQUIRED AT HEARINGS. --Georgia Administrative Procedure Act, § 50-13-1 et seq., requires one holding a hearing (anything beyond a "preliminary investigation") to afford notice, right to counsel, right to present evidence, power of subpoena, and other elements of due process with an opportunity for final judicial review. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984).
MOTOR CARRIER'S CERTIFICATE OF CONVENIENCE AND NECESSITY. --Administrative procedure applicable on an application for, or a proceeding to amend, a motor carrier's certificate of convenience and necessity is not that prescribed by the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., in view of Ga. L. 1975, p. 404, which made the Public Service Commission otherwise subject to O.C.G.A. Ch. 13, T. 50 except as to any rate, charge, classification, service hearing, procedure, or matter pertaining to any motor contract carrier, motor common carrier, or railroad. The applicable procedure is that established by O.C.G.A. § 46-2-51. RTC Transp., Inc. v. Georgia Pub. Serv. Comm'n, 165 Ga. App. 539, 301 S.E.2d 896 (1983).
OPINIONS OF THE ATTORNEY GENERAL
STATE ETHICS COMMISSION. --There is no statutory provision in O.C.G.A. Ch. 13, T. 50 or in O.C.G.A. § 50-14-3 which would authorize the State Ethics Commission to deliberate in closed session after hearing evidence in a contested case. 1989 Op. Att'y Gen. No. 89-6.
GEORGIA FIRE ACADEMY is not an agency for purposes of Ga. L. 1964, p. 338, § 1 et seq. (see O.C.G.A. Ch. 13, T. 50) and, as a result, is not required to follow the procedure for adoption of rules as set forth in that law in developing a course of instruction. 1980 Op. Att'y Gen. No. U80-52.