O.C.G.A.

O.C.G.A. § 42-3-116 (2019)

Finality of hearing officer’s decision; request for review; appeal

✓ 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 hearing officer’s decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS’s decision. Such request shall not stay DCS’s decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officer’s decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer. (c) This appeal shall first be reviewed by the judge upon the record. At the judge’s discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS’s decision. (d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, DCS’s decision shall be affirmed by operation of law.

History

Code 1981, § 42-3-116, enacted by Ga. L. 2015, p. 422, § 1-1/HB 310.