Hearings; Appeal

  1. Law
  2. Georgia Code
  3. Social Services
  4. Public Assistance
  5. General Provisions
  6. Hearings; Appeal

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  1. Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the rules and regulations of the Office of State Administrative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.
  2. An applicant for or recipient of assistance under Article 9 of this chapter, the "Temporary Assistance for Needy Families Act," shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program.

(Ga. L. 1965, p. 385, § 12; Ga. L. 1997, p. 1021, § 2.)

Editor's notes.

- Ga. L. 1997, p. 1021, § 10, not codified by the General Assembly, provides for severability.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 2804 (1997).

JUDICIAL DECISIONS

Language "shall be final" in Ga. L. 1965, p. 385, § 12 (see O.C.G.A. § 49-4-13) should not be read to foreclose review under the Georgia Administrative Procedure Act, Ga. L. 1965, p. 283, § 1 (see O.C.G.A. § 50-13-1). Department of Human Resources v. Williams, 130 Ga. App. 149, 202 S.E.2d 504 (1973).

Judicial review requirements met.

- All requirements of Ga. L. 1965, p. 283, § 1 (see O.C.G.A. § 50-13-1) for judicial review are met by decisions under Ga. L. 1965, p. 385, § 12 (see O.C.G.A. § 49-4-13). Department of Human Resources v. Williams, 130 Ga. App. 149, 202 S.E.2d 504 (1973).

Cited in Howell v. Harden, 129 Ga. App. 200, 198 S.E.2d 890 (1973); Ga. Dep't of Cmty. Health v. Medders, 292 Ga. App. 439, 664 S.E.2d 832 (2008).


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