Judicial Review of Department Actions

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
  6. Proceedings Involving the Department of Banking and Finance
  7. Judicial Review of Department Actions

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  1. Any final action of the department or refusal of the department to act may be subject to judicial review by any person or corporation affected by such action. Such action shall be brought within 60 days of the final action or refusal of action by the department as a special statutory proceeding in the county in which the affected person or corporation resides or is domiciled if within this state (which in the case of a corporation shall be the county of its registered office if it has such an office) or in Fulton County if the affected person or corporation resides or is domiciled outside of this state. The review shall be conducted by the court without a jury. The court shall not substitute its judgment for that of the department but may:
    1. Compel department action unlawfully withheld; or
    2. Hold unlawful and set aside department action found to be:
      1. In violation of constitutional or statutory provision;
      2. In excess of statutory authority;
      3. Made upon unlawful procedure; or
      4. Arbitrary, capricious, or otherwise in abuse of discretion,

        provided that any action reviewable under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," or through the injunction procedure of Code Section 7-1-155 shall be reviewed under that chapter or Code section and not under this Code section.

  2. Appeals from all final orders and judgments entered by the superior court under this Code section may be taken to the Court of Appeals or the Supreme Court in the same manner as in other cases.

(Code 1933, § 41A-401, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 9; Ga. L. 1981, p. 1366, § 3.)

RESEARCH REFERENCES

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, §§ 315, 317.


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