O.C.G.A.

O.C.G.A. § 42-3-10 (2019)

Appeals of sanctions; venue; no waiver of immunity

✓ 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) In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of the sanction; otherwise, the right to such hearing shall be deemed waived. The board shall hold a hearing as provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” If the sanction is sustained, the person who received the sanction shall have a right to file for a judicial review of the final decision, as provided for in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; while such appeal is pending, the order of the board shall not be stayed. A petition for judicial review shall name the board as defendant, shall be served by certified mail or statutory overnight delivery, return receipt requested, and shall be filed in the superior court of the county where the offices of the board are located. (b) Actions at law and in equity against the board or any of its members predicated upon omissions or acts done in a member’s official capacity or under color thereof shall be brought in the superior court of the county where the offices of the board are located; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.

COMM. SUPERVISION & TRANSITION

History

Code 1981, § 42-3-10, enacted by Ga. L. 2016, p. 443, § 5-6/SB 367.

Annotations

Law reviews. For article on the 2016 enactment of

this Code section, see 33 Ga. St. U.L. Rev. 139 (2016).

ARTICLE 2 SUCCESSFUL TRANSITION AND REENTRY OF OFFENDER 42-3-30 through 42-3-35. [Reserved] History. Ga. L. 2015, p. 422, § 1-1/HB 310; repealed by Ga. L. 2016, p. 443, § 1/SB 367, effective July 1, 2016. Editor’s notes. Ga. L. 2016, p. 443, § 1/SB 367 repealed

and reserved this article, effective July 1, 2016. Law reviews. For article on the 2016 repeal of these Code sections, see 33 Ga. St. U. L. Rev. 139 (2016).

ARTICLE 3 COMMUNITY SERVICE