O.C.G.A.

O.C.G.A. § 12-5-189 (2019)

Judgment in accordance with director’s order

✓ 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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The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.

History

Ga. L. 1977, p. 351, § 21.

Annotations

Law reviews. - For annual survey of administrative law, see 57 Mercer L. Rev.

1 (2005). For annual survey of appellate practice and procedure, see 57 Mercer L. Rev. 35 (2005).

JUDICIAL DECISIONS Generally. - Because a city could have challenged an agency consent order under O.C.G.A. §§ 12-2-2(c) and 50-13-19, but did not, the city’s appeal of a judgment to enforce the consent order did not fall under O.C.G.A. § 5-6-35(a)(1), but arose from proceedings under O.C.G.A.

§ 12-5-189; since the city did not appeal the director’s decision, the appellate issue was limited to the propriety of the judgment and not the correctness of the decision. City of Rincon v. Couch, 272 Ga. App. 411, 612 S.E.2d 596 (2005).

RESEARCH REFERENCES Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, § 359.

C.J.S. - 73A C.J.S., Public Administrative Law and Procedure, §§ 329 et seq.

Notes of Decisions
Cited in 2 cases, 2005–2005 · leading case: City of Rincon v. Couch, 612 S.E.2d 596 (Ga. Ct. App. 2005).
City of Rincon v. Couch, 612 S.E.2d 596 (Ga. Ct. App. 2005). · cites it 20× “The City of Rincon (City) appeals the superior court’s order, entered pursuant to OCGA § 12-5-189 1 to enforce a consent order the City entered into with Carol A.”
City of Rincon v. Couch, 623 S.E.2d 754 (Ga. Ct. App. 2005). · cites it 2× “Among other things, the City was required to submit engineering plans and a work schedule for connecting the City’s existing water line to an Effingham County 36" transmission main which was connected to Savannah’s surface water supply system.”
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