O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-8-221 (2019)

Review of decision of hearing officer by board of review

✓ 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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(a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall become final 15 days from the date the decision is mailed to the parties. (b) The board of review may, in its discretion and on its own motion, reconsider its decision at any time within 15 days from the date the decision is mailed to the parties. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board. (c) The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated. (d) In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed. (e) The Commissioner shall provide the board of review and the office of administrative appeals with proper facilities and assistants for the execution of their functions.

History

(Code 1981, § 34-8-221, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2014, p. 730, § 5/HB 714.)

Annotations

Law reviews. - For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 137 (2014).

JUDICIAL DECISIONS Cited in Shields v. BellSouth Advertising & Publ’g Co., 228 F.3d 1284 (11th Cir. 2000).

Notes of Decisions
Cited in 2 cases, 2000–2000 · leading case: Shields v. BellSouth Advert. & Publ'g Co., 228 F.3d 1284 (11th Cir. 2000).
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Shields v. BellSouth Advert. & Publ'g Co., 228 F.3d 1284 (11th Cir. 2000). “O.C.G.A. § 34-8-221(a). Next, the parties may seek judicial review of the Board of Review’s decision in the appropriate Superior Court.”
Shields v. BellSouth Advert., 228 F.3d 1284 (11th Cir. 2000). “O.C.G.A. § 34-8-221(a). Next, the parties may seek judicial review of the Board of Review’s decision in the appropriate Superior Court.”
— 34-8-221(a) — 2 cases
Shields v. BellSouth Advert. & Publ'g Co., 228 F.3d 1284 (11th Cir. 2000). “O.C.G.A. § 34-8-221(a). Next, the parties may seek judicial review of the Board of Review’s decision in the appropriate Superior Court.”
Shields v. BellSouth Advert., 228 F.3d 1284 (11th Cir. 2000). “O.C.G.A. § 34-8-221(a). Next, the parties may seek judicial review of the Board of Review’s decision in the appropriate Superior Court.”
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.