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

O.C.G.A. § 40-3-6 (2019)

Hearings; judicial 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) 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. (b) 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.

History

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.

Annotations

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 and 48-2-59 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, 1994 U.S. Dist. LEXIS 20214 (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. § 40-3-1 et seq.) 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.

ARTICLE 2 CERTIFICATES OF TITLE RESEARCH REFERENCES ALR. Liability of state, in issuing automobile

certificate of title, for failure to discover title defect, 28 A.L.R.4th 184.

Notes of Decisions
Cited in 3 cases, 1994–2010 · leading case: Allen v. Santana, 695 S.E.2d 314 (Ga. Ct. App. 2010).
Sort: Relevance Newest Treatment
Allen v. Santana, 695 S.E.2d 314 (Ga. Ct. App. 2010). · cites it 2× “8 See OCGA § 40-3-6 (a); Ga. Comp. R. & Regs. r.”
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). · cites it 4× “First, under O.C.G.A. § 40-3-6, “a person aggrieved by an act or omission to act of the Department of Revenue” relating to a certification of automobile title is entitled to a hearing.”
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). · cites it 4× “First, under O.C.G.A. § 40-3-6, "a person aggrieved by an act or omission to act of the Department of Revenue" relating to a certification of automobile title is entitled to a hearing.”
— 40-3-6(a) — 2 cases
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). “First, under O.C.G.A. § 40-3-6, “a person aggrieved by an act or omission to act of the Department of Revenue” relating to a certification of automobile title is entitled to a hearing.”
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). “First, under O.C.G.A. § 40-3-6, "a person aggrieved by an act or omission to act of the Department of Revenue" relating to a certification of automobile title is entitled to a hearing.”
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.