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O.C.G.A. § 12-5-189 — Judgment in accordance with director's order | Georgia Code

O.C.G.A. § 12-5-189 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 3 WELLS AND DRINKING WATER

12-5-189. Judgment in accordance with director's order.

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.

(Ga. L. 1977, p. 351, § 21.)

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) and50-13-19, 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, § 374.

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, §§ 272, 273.

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