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O.C.G.A. § 31-5-2 — Hearings | Georgia Code

O.C.G.A. § 31-5-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 31 HEALTH

Section 5. Administration and Enforcement, 31-5-1 through 31-5-24.

ARTICLE 1 GENERAL PROVISIONS

31-5-2. Hearings.

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."

(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.)

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) Program 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., 84 et seq.

ALR.

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

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