References to Administrative Law Judge or Hearing Officer; References to Final Decision of Board of Natural Resources; Filing Request for Administrative Review

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. General Provisions
  5. References to Administrative Law Judge or Hearing Officer; References to Final Decision of Board of Natural Resources; Filing Request for Administrative Review

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  1. Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.
  2. Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.
  3. Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed.

(Code 1981, §12-1-2, enacted by Ga. L. 1995, p. 706, § 1.)

Law reviews.

- For note on the 1995 enactment of this Code section, see 12 Ga. St. U.L. Rev. 51 (1995).

CHAPTER 2 DEPARTMENT OF NATURAL RESOURCES Article 1 General Provisions.
  • 12-2-1. Department created; commissioner of natural resources; affirmation of board decision by operation of law; appellate review.
  • 12-2-2. Environmental Protection Division; Environmental Advisory Council; duties of council and its members and director; appeal procedures generally; permit applications; inspections.
  • 12-2-3. Departmental purposes.
  • 12-2-4. Powers and duties of department.
  • 12-2-5. Essential services for inhabitants of coastal islands authorized.
  • 12-2-6. Authority to arrange for and accept federal aid and cooperation; volunteer services; cooperation with other government entities and civic organizations; creation of nonprofit corporation.
  • 12-2-7. Duty to advise Governor on environmental matters.
  • 12-2-8. Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers.
  • 12-2-9. Accreditation of commercial analytical laboratories submitting regulatory data.
  • 12-2-10. Qualifications to practice public soil science.
  • 12-2-11. Control of aviation; power of department.
Article 2 Board of Natural Resources.
  • 12-2-20. Short title.
  • 12-2-21. Composition of Board of Natural Resources; appointment and confirmation of members; terms of members; vacancies.
  • 12-2-22. Oath of office; bond.
  • 12-2-23. Officers; meetings; quorum; compensation of members; reimbursement of members for expenses.
  • 12-2-24. Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies.
Editor's notes.

- By resolution (Ga. L. 1991, p. 1236), the General Assembly directed the commissioner of natural resources to dedicate the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia in honor of Samuel Thomas Coffer.

Cross references.

- Community greenspace preservation, T. 36, C. 22.

Administrative Rules and Regulations.

- Organization and public participation, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Constructing permanent improvement to land not encompassed in park system prohibited.

- Department of State Parks (now Department of Natural Resources) is prohibited from constructing or contracting for the construction of any permanent improvement to land which is neither encompassed in the state park system nor under the park system's control. 1967 Op. Att'y Gen. No. 67-298.

RESEARCH REFERENCES

ALR.

- Power of state to prohibit or restrict exportation of natural resources, 32 A.L.R. 331.

Conservation: validity, construction, and application of enactments restricting land development by dredging or tilling, 46 A.L.R.3d 1422.

ARTICLE 1 GENERAL PROVISIONS

Law reviews.

- For article discussing important cases applying natural resource and game and fish law in 1976 and 1977, see 29 Mercer L. Rev. 131 (1977). For comment, "The Right to Rainwater: An Unlikely Fairy Tale," see 69 Mercer L. Rev. 575 (2018).


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