O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-1-2 (2019)

References to administrative law judge or hearing officer; references to final decision of Board of Natural Resources; filing request for administrative review

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.

(b) Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.

(c) Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed.

CONSERVATION & NATURAL RES.

History

Code 1981, § 12-1-2, enacted by Ga. L. 1995, p. 706, § 1.

Annotations

Law reviews. - For note on the 1995

enactment of this Code section, see 12 Ga. St. U.L. Rev. 51 (1995).

CHAPTER 2 DEPARTMENT OF NATURAL RESOURCES Sec.

Article 1 General Provisions Sec.

Department created; commissioner of natural resources; affirmation of board decision by operation of law; appellate review. Environmental Protection Division; Environmental Advisory Council; duties of council and its members and director; appeal procedures generally; permit applications; inspections. Departmental purposes. Powers and duties of department. Essential services for inhabitants of coastal islands authorized. Authority to arrange for and accept federal aid and cooperation; volunteer services; cooperation with other government entities and civic organizations; creation of nonprofit corporation. Duty to advise Governor on environmental matters.

Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers. Accreditation of commercial analytical laboratories submitting regulatory data. Qualifications to practice public soil science. Control of aviation; power of department. Article 2

Board of Natural Resources

Short title. Composition of Board of Natural Resources; appointment and confirmation of members; terms of members; vacancies. Oath of office; bond. Officers; meetings; quorum; compensation of members; reimbursement of members for expenses. Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies.

ipation, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Subject 391-1-1 et seq. Agricultural Nonpoint Source Grants, Official Compilation of the Rules and Regulations of the State of Georgia, State Soil and Water Conservation Commission, Grants, Subject 600-5-5.

Editor’s notes. - By resolution (Ga. L. 1991, p. 1236), the General Assembly directed the commissioner of natural resources to dedicate the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia in honor of Samuel Thomas Coffer.

Cross references. - Community greenspace preservation, T. 36, C. 22.

Administrative rules and regulations. - Organization and public partic-

CONSERVATION & NATURAL RES.

OPINIONS OF THE ATTORNEY GENERAL Constructing permanent improvement to land not encompassed in park system prohibited. - Department of State Parks (now Department of Natural Resources) is prohibited from constructing or contracting for the con-

struction of any permanent improvement to land which is neither encompassed in the state park system nor under the park system’s control. 1967 Op. Att’y Gen. No. 67-298.

RESEARCH REFERENCES ALR. - Power of state to prohibit or restrict exportation of natural resources, 32 A.L.R. 331. Conservation: validity, construction,

and application of enactments restricting land development by dredging or tilling, 46 A.L.R.3d 1422.

ARTICLE 1 GENERAL PROVISIONS

Law reviews. - For article discussing important cases applying natural resource and game and fish law in 1976 and 1977, see 29 Mercer L. Rev. 131 (1977).

For comment, ‘‘The Right to Rainwater: An Unlikely Fairy Tale,’’ see 69 Mercer L. Rev. 575 (2018).

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).
Sort: Relevance Newest Treatment
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008). · cites it 4× “See also OCGA § 12-1-2 (a) (stating that “[t]he decision of an administrative law judge shall constitute the final administrative decision in any matter” by the Department), (b) (“Any reference in this title to a final decision of the Board of [the Department of] Natural…”
— 12-1-2(a) — 1 case
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008). “See also OCGA § 12-1-2 (a) (stating that “[t]he decision of an administrative law judge shall constitute the final administrative decision in any matter” by the Department), (b) (“Any reference in this title to a final decision of the Board of [the Department of] Natural…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.