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2018 Georgia Code 25-2-10 | Car Wreck Lawyer

TITLE 25 FIRE PROTECTION AND SAFETY

Section 2. Regulation of Fire and Other Hazards to Persons and Property Generally, 25-2-1 through 25-2-40.

25-2-10. Appeal from rulings of state fire marshal to Commissioner; appeal from Commissioner to superior court; bond.

Should any person, firm, corporation, or public entity be dissatisfied with any ruling or decision of the state fire marshal, the right is granted to appeal within ten days to the Commissioner. If the person, firm, corporation, or public entity is dissatisfied with the decision of the Commissioner, appeal is authorized to the superior court within 30 days in the manner provided under Chapter 13 of Title 50. In the event of such appeal, the person, firm, corporation, or public entity shall give a surety bond which will be conditioned upon compliance with the order and direction of the state fire marshal or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in such amount as will reasonably cover the order issued by the Commissioner or the state fire marshal or both.

(Ga. L. 1949, p. 1057, § 29; Ga. L. 1959, p. 50, § 2; Ga. L. 1972, p. 894, § 1.)

JUDICIAL DECISIONS

Court cannot substitute judgment for Commissioner.

- Even if the procedures of the Safety Fire Commissioner in acting on an application for a license to maintain a liquefied petroleum gas bulk distribution facility were flawed, the superior court could not substitute the court's own judgment for that of the Commissioner. Safety Fire Comm'r v. U.S.A. Gas, Inc., 229 Ga. App. 807, 494 S.E.2d 706 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, §§ 364, 367 et seq., 408. 63C Am. Jur. 2d, Public Officers and Employees, § 5.

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, § 305 et seq. 67 C.J.S., Officers and Public Employees, §§ 323, 324.

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