O.C.G.A.

O.C.G.A. § 31-5-2 (2019)

Hearings

✓ 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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Hearings shall be required for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’

History

Code 1933, § 88-304, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1977, p. 309, § 1; Ga. L. 1993, p. 1290, § 2; Ga. L. 1995, p. 10, § 31; Ga. L. 2000, p. 1589, § 3; Ga. L. 2009, p. 453, § 1-22/HB 228.

Annotations

Editor’s notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the 2000 amendment was applicable to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS Inapplicable to WIC Program. - Public hearing was not required before the Department of Human Resources (now the Department of Community Health for these purposes) adopted Women, Infants and Children (WIC) Pro-

gram vendor handbook, since WIC is not a service of the DHR (now the Department of Community Health for these purposes). Accordingly, O.C.G.A. T. 31 was inapplicable to the WIC program. So v. Ledbetter, 209 Ga. App. 666, 434 S.E.2d 517 (1993).

OPINIONS OF THE ATTORNEY GENERAL Only person authorized to conduct hearings for county board of health is

board’s chief executive officer. 1975 Op. Att’y Gen. No. U75-90.

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Health, §§ 39, 89. C.J.S. - 39A C.J.S., Health and Environment, §§ 20 et seq., 81 et seq. ALR. - Malicious prosecution predi-

cated upon prosecution, institution, or instigation of disciplinary proceeding against member of medical or allied profession, 39 A.L.R.3d 473.