Judicial Review of Final Decision in Contested Case Issued by Administrative Law Judge

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A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (c) of Code Section 50-13-41 shall be subject to judicial review in the same manner as provided in Code Section 50-13-19 except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter.

(Code 1981, §50-13-20.1, enacted by Ga. L. 1994, p. 1856, § 4; Ga. L. 2018, p. 762, § 2/HB 790.)

The 2018 amendment, effective May 8, 2018, substituted "subsection (c)" for "subsection (e)" near the beginning of this Code section.

Editor's notes.

- Ga. L. 1994, p. 1856, § 5, not codified by the General Assembly, provides: "This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for general administrative purposes. The Office of State Administrative Hearings may commence the performance of its duties on and after July 1, 1994, and shall assume full responsibility for the performance of its duties on and after April 1, 1995. The Office of State Administrative Hearings shall, where necessary for any class of hearings, promulgate rules and regulations in order to comply with all federal and state procedural requirements. During the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law; but on and after April 1, 1995, all such hearings in new and, where practical, in pending proceedings shall be conducted as provided in this Act."

JUDICIAL DECISIONS

Cited in C&M Enters. of Ga., LLC v. Williams, 346 Ga. App. 79, 816 S.E.2d 44 (2018), cert. denied, No. S18C1407, 2019 Ga. LEXIS 52 (Ga. 2019).


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