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2018 Georgia Code 40-3-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-6 Case Law from Google Scholar Amendments to OCGA 40-3-6

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

ARTICLE 1 GENERAL PROVISIONS

40-3-6. Hearings; judicial review.

  1. A person aggrieved by an act or omission to act of the department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof.
  2. Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and court review of such hearings shall be as provided by that chapter.

(Ga. L. 1961, p. 68, §§ 29, 30; Ga. L. 1963, p. 32, § 2; Ga. L. 1965, p. 304, § 10; Ga. L. 1984, p. 1194, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 3; Ga. L. 2000, p. 951, § 4-3.)

JUDICIAL DECISIONS

Jurisdiction of federal court.

- O.C.G.A. §§ 9-4-1,9-5-1,40-2-8,40-3-6,40-3-21 and48-2-59 provide plaintiff challenging automobile "title transfer fee" with "plain, speedy and efficient" pre-tax and post-tax remedies by which a taxpayer could challenge the constitutional validity of a state tax, and so satisfied the criteria of the Tax Injunction Act, 18 U.S.C. § 1341, so as to bar jurisdiction of the federal court. Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994).

OPINIONS OF THE ATTORNEY GENERAL

Payment of damages by Department of Revenue.

- If the board to hear complaints and claims finds that an act or omission of the commissioner or one of the commissioner's employees in the administration of Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40) has caused monetary damage, the Department of Revenue can legally pay the claim. 1965-66 Op. Att'y Gen. No. 66-223.

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, § 96 et seq.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) §§ 29, 30.

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