O.C.G.A.

O.C.G.A. § 43-11-48 (2019)

Initiation of proceedings for violation of chapter; records

✓ 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) Proceedings under this chapter may be initiated by the board upon its own motion or upon receipt of a signed, written complaint. A board member who forwards a complaint to the attention of the board shall not participate in any further disciplinary proceedings with respect to such applicant or licensee. Disposition of “contested cases,” within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall be governed by Chapter 13 of Title 50. (b) A record of all hearings, decisions, and orders shall be kept for the board by the executive director.

History

Ga. L. 1920, p. 132, § 16; Code 1933, § 84-716; Ga. L. 1937, p. 627, § 2; Ga. L. 1976, p. 484, § 1; Ga. L. 1982, p. 1056,

§ 7; Ga. L. 1983, p. 1389, § 7; Ga. L. 1984, p. 22, § 43; Ga. L. 2000, p. 1706, § 19; Ga. L. 2013, p. 192, § 2-15/HB 132.

Annotations

JUDICIAL DECISIONS Verified accusation or board knowledge of wrongdoing needed for revocation proceedings. - If revocation proceedings of the board are not taken either from matters within the knowledge of the board or upon written verified accusation, the proceedings are invalid and require reversal. Salerno v. Board of Dental Exmrs., 119 Ga. App. 743, 168 S.E.2d 875, 1969 Ga. App. LEXIS 1229 (1969) (decided prior to 1982 amendment, which substituted “signed” for “under oath verified” in subsection (a)). Former Code 1933, § 84-716 (see now O.C.G.A. § 43-11-48) did not require that accused be served with written verified accusation, nor was such required by Ga. L. 1965, p. 283, § 13 (see now O.C.G.A. § 50-13-13) of the Administrative Procedure Act. Salerno v. Board of Dental Exmrs., 119 Ga. App. 743, 168 S.E.2d 875, 1969 Ga. App. LEXIS 1229 (1969).

Dentist’s action for declaratory and injunctive relief, seeking to prevent the board of dentistry from taking action against the dentist based on an opinion of the attorney general to the effect that certain procedures being performed by the dentist were not within the lawful scope of the practice of dentistry, was not barred by a failure to exhaust administrative remedies since the only way for the dentist to challenge the board’s position was to continue performing the procedures, thereby risking criminal prosecution for the felony offense of practicing medicine without a license and/or the initiation of administrative proceedings to revoke the dentist’s license to practice dentistry. Thomas v. Georgia Bd. of Dentistry, 197 Ga. App. 589, 398 S.E.2d 730, 1990 Ga. App. LEXIS 1395 (1990).

RESEARCH REFERENCES ALR. Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.

Notes of Decisions

Cited in 2 cases, 1990–1998 · leading case: Thebaut v. Georgia Bd. of Dentistry, 509 S.E.2d 125 (Ga. Ct. App. 1998).

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Thebaut v. Georgia Bd. of Dentistry, 509 S.E.2d 125 (Ga. Ct. App. 1998). · cites it 4× “OCGA § 43-11-48 (a) (contested cases before the dentistry board are to be decided in accordance with APA).”

Thomas v. Georgia Bd. of Dentistry, 398 S.E.2d 730 (Ga. Ct. App. 1990). · cites it 2× “The board had, in effect, dismissed all pending complaints against him; and under OCGA § 43-11-48 (a), administrative proceedings can be initiated only “by the board upon its own motion or upon receipt of a signed written complaint.”

— 43-11-48(a) — 1 case

Thebaut v. Georgia Bd. of Dentistry, 509 S.E.2d 125 (Ga. Ct. App. 1998). “OCGA § 43-11-48 (a) (contested cases before the dentistry board are to be decided in accordance with APA).”

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.