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2018 Georgia Code 32-6-95 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-95 Case Law from Google Scholar Amendments to OCGA 32-6-95

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 3 CONTROL OF SIGNS AND SIGNALS

32-6-95. Applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to part generally; affirmance of agency decision by operation of law.

  1. In addition to the procedures and remedies afforded by this part, any person, firm, or corporation who owns, uses, leases, or subleases any outdoor advertising sign which is controlled by this part or who owns property on which a sign is located shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," with respect to the erection, maintenance, or use of outdoor advertising signs.
  2. It is specifically declared that the procedures provided in Code Sections 50-13-13 through 50-13-22 may be employed in cases wherein the department believes that a sign has been erected or is being maintained or used in violation of this part. After conducting the hearing required by Code Section 50-13-13, the commissioner or the commissioner's designee, hearing officer, or others are authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal as defined by paragraph (6) of Code Section 32-6-71. In the event that the commissioner or the commissioner's designee, hearing officer, or others find that a sign is illegal and order its disassembly and removal, the party or parties against whom the order is directed shall be given 120 days from the date of the order in which to disassemble and remove the sign.In the event the party or parties against whom the order is directed fail to comply with the order, the department may disassemble and remove the sign in accordance with Code Section 32-6-96.
  3. Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the commissioner or the commissioner's designee, hearing officer, or others in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," if the superior court in which the petition for review is filed does not hear the case within 120 days from the date the petition for review is filed with the court, the final agency decision shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within 120 days has been continued to a date certain by order of the court.In the event a hearing is held later than 120 days after the date the petition for review is filed with the superior court because a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court, the final agency decision shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 60 days after the date of the continued hearing. If a case is heard within 120 days from the date the petition for review is filed, the final agency decision shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 60 days of the date of the hearing.
  4. A decision of the agency affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court.The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (c) of this Code section.

(Code 1933, § 95A-930.1, enacted by Ga. L. 1980, p. 1017, § 7; Ga. L. 1993, p. 969, § 1.)

JUDICIAL DECISIONS

Affirmed by operation of law.

- When landowners and a sign company sought judicial review of the Georgia Department of Transportation's denial of their request for permits to erect outdoor advertising on the owners' property, an affirmance of the denial was affirmed by operation of law, under O.C.G.A. § 32-6-95(c), because the owners and the company did not schedule a hearing on their petition for judicial review to occur within 120 days of the petition being filed. Walker v. DOT, 279 Ga. App. 287, 630 S.E.2d 878 (2006).

Construction with § 34-9-105. - In light of the fact that O.C.G.A. § 32-6-95(c) is worded nearly identically to O.C.G.A. § 34-9-105(b) and that both statutes concern trial court review of agency decisions, there is no reason to interpret the "affirmed by operation of law" provision in § 32-6-95(c) differently from the interpretation of the similar provision in § 34-9-105(b). Walker v. DOT, 279 Ga. App. 287, 630 S.E.2d 878 (2006).

Cases Citing Georgia Code 32-6-95 From Courtlistener.com

Total Results: 1

Department of Transportation v. Shiflett

Court: Supreme Court of Georgia | Date Filed: 1984-01-04

Citation: 310 S.E.2d 509, 251 Ga. 873

Snippet: the appropriate administrative procedure, OCGA § 32-6-95 (Code Ann. § 95A-930.1), the Department of Transportation