validity of an administrative rule (Georgia) · Go Syfert
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validity of an administrative rule in Georgia

5 Georgia opinions name it 1 courts 1977–2015 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Georgia Real Estate Commission v. Accelerated Courses in Real Estate, Inc.green
ga · 1975 · cited in 2 Georgia opinions naming this issue, 1989–1995
2 sentences

1995The regulation is predicated upon OCGA § 19-11-12 and provides that the Office of Child Support Recovery of DHR “may petition the appropriate court for modification in accordance with the final administrative decision. . . .” The regulation further provides for service of the petition upon the custodial and non-custodial parents and concludes that “[u]pon adoption by the court, the final administrative decision adjusting the child support award . . . shall have the full effect of a modification of the original order or decree of support.” “The test of the validity of an administrative rule is

1995The regulation is predicated upon OCGA § 19-11-12 and provides that the Office of Child Support Recovery of DHR “may petition the appropriate court for modification in accordance with the final administrative decision. . . .” The regulation further provides for service of the petition upon the custodial and non-custodial parents and concludes that “[u]pon adoption by the court, the final administrative decision adjusting the child support award . . . shall have the full effect of a modification of the original order or decree of support.” “The test of the validity of an administrative rule is

22
Georgia Department of Community Health v. Dillardgreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015In applying this test, we have explained that the interpretation of a statute by an administrative agency which has the duty of enforcing or administering it is to be given great weight and deference. *663 (Citation and punctuation omitted.) Ga. Dept. of Community Health v. Dillard, 313 Ga. App. 782, 785 (1) ( 723 SE2d 23 ) (2012).

2015In applying this test, we have explained that the interpretation of a statute by an administrative agency which has the duty of enforcing or administering it is to be given great weight and deference. *663 (Citation and punctuation omitted.) Ga. Dept. of Community Health v. Dillard, 313 Ga. App. 782, 785 (1) ( 723 SE2d 23 ) (2012).

11
Department of Human Resources v. Andersongreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011"The test of the validity of an administrative rule is twofold: whether it is authorized by statute and whether it is reasonable." (Citation and punctuation omitted.) Dept. of Human Resources v. Anderson, 218 Ga.App. 528, 529 , 462 S.E.2d 439 (1995).

2011"The test of the validity of an administrative rule is twofold: whether it is authorized by statute and whether it is reasonable." (Citation and punctuation omitted.) Dept. of Human Resources v. Anderson, 218 Ga.App. 528, 529 , 462 S.E.2d 439 (1995).

11
Brown v. State Board of Examiners of Psychologistsgreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1995–1995
2 sentences

1995The regulation is predicated upon OCGA § 19-11-12 and provides that the Office of Child Support Recovery of DHR “may petition the appropriate court for modification in accordance with the final administrative decision. . . .” The regulation further provides for service of the petition upon the custodial and non-custodial parents and concludes that “[u]pon adoption by the court, the final administrative decision adjusting the child support award . . . shall have the full effect of a modification of the original order or decree of support.” “The test of the validity of an administrative rule is

1995The regulation is predicated upon OCGA § 19-11-12 and provides that the Office of Child Support Recovery of DHR “may petition the appropriate court for modification in accordance with the final administrative decision. . . .” The regulation further provides for service of the petition upon the custodial and non-custodial parents and concludes that “[u]pon adoption by the court, the final administrative decision adjusting the child support award . . . shall have the full effect of a modification of the original order or decree of support.” “The test of the validity of an administrative rule is

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Eason v. Morrison green
ga · 1935
2 sentences

1989Ga. Real Estate Comm. v. Accelerated Courses in Real Estate, 234 Ga. 30, 32 ( 214 SE2d 495 ) (1975); Eason v. Morrison, 181 Ga. 322 (1) ( 182 SE 163 ) (1935); Baranan v. State Bd. of Nursing Home Administrators, supra. In examining the validity of the rule in question, we find that it was authorized by the statute, it was not inconsistent therewith, and it was reasonable.

1989Ga. Real Estate Comm. v. Accelerated Courses in Real Estate, 234 Ga. 30, 32 ( 214 SE2d 495 ) (1975); Eason v. Morrison, 181 Ga. 322 (1) ( 182 SE 163 ) (1935); Baranan v. State Bd. of Nursing Home Administrators, supra. In examining the validity of the rule in question, we find that it was authorized by the statute, it was not inconsistent therewith, and it was reasonable.

21977–1989

Where else courts name it

TX 23 (1962–2026) OR 13 (1985–2024) FL 5 (1974–2013) WA 5 (1980–2019) GA 5 (1977–2015) MO 4 (1995–2019) IA 3 (1988–2009) LA 3 (1996–2008) CO 2 (1992–1995) WI 2 (1995–2018) AZ 2 (1993–2000) IN 2 (1993–1994) AL 2 (2024–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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