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O.C.G.A. § 43-1-6 — Venue of actions involving professional licensing boards | Georgia Code
O.C.G.A. § 43-1-6 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 1. General Provisions, 43-1-1 through 43-1-33.

43-1-6. Venue of actions involving professional licensing boards.

The venue of any action involving the members of any professional licensing board shall be governed by the laws of this state pertaining to venue. The division director shall not be considered a member of any such board in determining the venue of any such action; and no court shall have jurisdiction of any such action solely by virtue of the division director residing or maintaining a residence within its jurisdiction.

(Code 1933, § 84-103, enacted by Ga. L. 1962, p. 539, § 1; Ga. L. 2000, p. 1706, § 19.)

Cross references.

- Venue generally, Ga. Const. 1983, Art. VI, Sec. II and § 9-10-30 et seq.

JUDICIAL DECISIONS

Venue proper.

- Venue of contractors' action seeking to restrain the Georgia State Licensing Board for Residential and General Contractors and a county from enforcing a licensing law, O.C.G.A. § 43-41-1 et seq., was proper in Muscogee County because there was substantial equitable relief sought that was common to the Board and to the resident county; the complaint alleged that enforcement of the licensing law by both the Board and the county would cause irreparable injury to the contractors, and it asked that preliminary and permanent injunctions be issued against both the county and the Board enjoining and restraining those entities from exercising any of the powers, rights, or duties respecting enforcement of the licensing law. Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010).

Cited in Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Venue, §§ 4 et seq., 28 et seq.

C.J.S.

- 92A C.J.S., Venue, §§ 4, 5, 76, 77.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.