Administrative and Judicial Review

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  1. Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
  2. Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee or local unit of government, as appropriate, asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.

(Code 1981, §12-5-244, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2019, p. 493, § 7/HB 445.)

The 2019 amendment, effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, deleted former subsection (b), which read: "Where a local unit of government has, pursuant to this part, granted, suspended, modified, extended, conditioned, or denied a permit, any person aggrieved or adversely affected by such action shall be afforded a right to administrative and judicial review of such action."; and redesignated former subsection (b) as present subsection (c).

Editor's notes.

- Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." This Act was approved by the Governor on May 3, 2019.

Administrative Rules and Regulations.

- Procedures for disposition of contested cases, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1-2.

JUDICIAL DECISIONS

Cited in Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 364.

C.J.S.

- 39A C.J.S., Health and Environment, § 140.


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