O.C.G.A.

O.C.G.A. § 25-2-10 (2019)

Appeal process and requirement for surety bond

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

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

Annotations

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.

RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, §§ 364, 367 et seq., 408. C.J.S. 73A C.J.S., Public Administrative Law

and Procedure, § 366 et seq. 67 C.J.S., Officers and Public Employees, §§ 323, 324.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Saf. Fire Comm'r v. U.S.A. Gas, Inc., 494 S.E.2d 706 (Ga. Ct. App. 1997).

Sort: Relevance Newest Treatment

Saf. Fire Comm'r v. U.S.A. Gas, Inc., 494 S.E.2d 706 (Ga. Ct. App. 1997). · cites it 4× “Gas’s application under OCGA § 10-1-266, with the right of appeal to the Safety Fire Commissioner under OCGA § 25-2-10. It appears, however, that the Safety Fire Commissioner decided the application initially, because at the time there was no State Fire Marshal.”

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.