(Ga. L. 1920, p. 167, § 52; Code 1933, § 114-702; Ga. L. 1937, p. 528; Ga. L. 1975, p. 198, § 7; Ga. L. 1988, p. 1679, § 5; Ga. L. 1992, p. 1942, § 7; Ga. L. 1993, p. 1365, § 1; Ga. L. 2016, p. 287, § 1/HB 818.)
The 2016 amendment, effective July 1, 2016, in subsection (c), substituted "An administrative law judge" for "Administrative law judges" at the beginning of the second sentence and added the fourth sentence.
Law reviews.- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 152 (1993).
JUDICIAL DECISIONS
In a case decided before the 1993 amendment of O.C.G.A. § 34-9-47(b), providing that an administrative law judge who served as the hearing officer in a case may not serve as a member of the review board on the same case, O.C.G.A. § 15-1-8(a)(3), by requiring the consent of the parties in such a situation, requires a knowing waiver; thus, an employer did waive its rights to challenge the review board's decision regarding a workers' compensation award when it was not disclosed that the administrative law judge who originally issued the award would be participating in the matter as a member of the review board. Arrow Co. v. Hall, 212 Ga. App. 365, 441 S.E.2d 794 (1994).
Temporary director need not meet regular qualifications.
- Person appointed by the board to serve temporarily on the board as a deputy director pursuant to O.C.G.A. § 34-9-47 need not meet the qualifications of a regular director of the board selected by the governor pursuant to O.C.G.A. §§ 34-9-40 and34-9-42. Dougherty County Bd. of Educ. v. Lundy, 183 Ga. App. 550, 359 S.E.2d 403, cert. denied, 183 Ga. App. 906, 359 S.E.2d 403 (1987) (decided prior to 1988 amendment which substituted references to administrative law judges for references to deputy directors).
This section did not make it mandatory that deputy (now judge) hearing case render award, but the intention was simply to give the deputy power to do so; award is not void because it was made by a director on evidence heard and taken down before a deputy. Ware v. Swift & Co., 59 Ga. App. 836, 2 S.E.2d 128 (1939).
Summary disposition of claim.
- Administrative law judge can summarily dispose of a claim for benefits when the underlying issues between the same parties have already been heard and determined. Continental Baking Co. v. Brock, 198 Ga. App. 578, 402 S.E.2d 331 (1991).
De novo hearing on appeal of award.
- When deputy director (now administrative law judge) is authorized to hear and determine claimant's application, and from the evidence heard by director, the director makes findings of fact and on such findings awards compensation to claimant, and employer and its insurance carrier appeal in due time to the board, such appeal opens the entire case for a de novo hearing before the board as a fact-finding body. Pacific Employers Ins. Co. v. West, 213 Ga. 296, 99 S.E.2d 89 (1957).
Cited in Delta Air Lines v. McDaniel, 176 Ga. App. 523, 336 S.E.2d 610 (1985); MARTA v. Reid, 282 Ga. App. 877, 640 S.E.2d 300 (2006).
OPINIONS OF THE ATTORNEY GENERAL
Admission to practice of law.
- There is no statutory requirement that members of the board be admitted to the practice of law in this state; however, a resolution of the board declares as a matter of policy that deputy directors (now administrative law judges) and the secretary-treasurer, before appointment, be admitted to the practice of law for at least three years. 1970 Op. Att'y Gen. No. 70-45.
Practice of law.- Members of the board or deputy directors (now administrative law judges) are not prohibited from the practice of law; however, resolution of the board declares its policy to be that all officials, personnel, and employees of the board devote their entire time to their duties and shall not be engaged in any occupation or business interfering or inconsistent with such duties. 1970 Op. Att'y Gen. No. 70-45.
RESEARCH REFERENCES
C.J.S.
- 100 C.J.S., Workmen's Compensation, §§ 809 et seq., 815 et seq., 827, 830 et seq.