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2018 Georgia Code 43-1-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-1-6 Case Law from Google Scholar Amendments to OCGA 43-1-6

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.

Cases Citing O.C.G.A. § 43-1-6

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Georgia State Licensing Bd. for Residential & Gen. Contractors v. Allen, 692 S.E.2d 343 (Ga. 2010).

Cited 8 times | Published | Supreme Court of Georgia | Mar 25, 2010 | 286 Ga. 811, 2010 Fulton County D. Rep. 1005

...The plaintiffs maintain that as the Board is a State agency, it may be sued in any Georgia county. See OCGA § 50-13-2; [6] Hoffman v. Dept. of Corrections, 218 Ga.App. 363, 460 S.E.2d 882 (1995). But, pretermitting a finding of statewide venue, it is plain that venue of the present suit is proper in Muscogee County. OCGA § 43-1-6, in relevant part, provides, "[t]he venue of any action involving the members of any professional licensing board shall be governed by the laws of this state pertaining to venue...." And certainly, as the Board notes, our State Constitution...