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2018 Georgia Code 46-2-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-2-51 Case Law from Google Scholar Amendments to OCGA 46-2-51

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 2. Public Service Commission, 46-2-1 through 46-2-95.

ARTICLE 3 INVESTIGATIONS AND HEARINGS

46-2-51. Prescription by commission of rules of procedure and rules of evidence; promulgation of rules and regulations as to rehearing, reconsideration, and oral argument of orders.

The commission shall prescribe the rules of procedure and the rules for the taking of evidence in all matters that may come before it. In the investigation, preparation, and hearing of cases, the commission shall not be bound by the strict technical rules of pleading and evidence but may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it. When deemed necessary, in all formal cases heard and determined, the commission shall render an opinion setting out the issues involved in the case and its decision, ruling, and findings thereon. The commission is authorized to provide by rule and regulation for the procedure to be observed in the rehearing, reconsideration, and oral argument of all orders entered by the commission.

(Ga. L. 1922, p. 143, § 3; Code 1933, § 93-501; Ga. L. 1945, p. 356, § 2.)

Law reviews.

- For comment on Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957), see 20 Ga. B.J. 247 (1957).

JUDICIAL DECISIONS

Public Service Commission may perform quasi-judicial functions as well as quasi-legislative functions. The distinction between the two types of functions has been deemed of importance because where a proceeding is judicial or quasi-judicial in nature, the parties whose rights are adjudicated are entitled to the protection afforded by judicial forms of procedure. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957), commented on in 20 Ga. B.J. 247 (1957); RTC Transp., Inc. v. Georgia Pub. Serv. Comm'n, 165 Ga. App. 539, 301 S.E.2d 896 (1983).

Due process rights inapplicable to hearings on applications for certificates of public convenience.

- A hearing on an application for a certificate of public convenience and necessity, whether granted or denied, is not a judicial or quasi-judicial proceeding to which due process rights applicable in such proceedings attach. RTC Transp., Inc. v. Georgia Pub. Serv. Comm'n, 165 Ga. App. 539, 301 S.E.2d 896 (1983).

Administrative Procedure Act inapplicable to hearings on certificate of convenience and necessity.

- The administrative procedure applicable on an application for, or a proceeding to amend, a motor carrier's certificate of convenience and necessity is not that prescribed by the Georgia Administrative Procedure Act in view of Ga. L. 1975, p. 404, which made the Public Service Commission otherwise subject to the GAPA except any rate, charge, classification, service hearing, procedure or matter which shall pertain to any motor contract carrier, motor common carrier, or railroad. The applicable procedure is that established by O.C.G.A. § 46-2-51. RTC Transp., Inc. v. Georgia Pub. Serv. Comm'n, 165 Ga. App. 539, 301 S.E.2d 896 (1983).

Commission authorized to adopt rules of evidence and procedure.

- Commission is authorized to adopt rules of evidence and procedure in carrying out its duties, and is not bound by strict rules of evidence in conducting its hearings. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957), for comment, see 20 Ga. B.J. 247 (1957).

Discretion of commission to grant certificate applications.

- Whether or not commission grants application for certificate is matter of discretion and not one of absolute right. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957), for comment, see 20 Ga. B.J. 247 (1957).

Court cannot enjoin investigation of company under show cause order.

- An order requiring a power company to show cause why rates, if voluntarily made applicable to people in one city, should not be made effective throughout the territory served by the company is a rule nisi and the court cannot enjoin the commission from investigation of the company. Georgia Pub. Serv. Comm'n v. Georgia Power Co., 172 Ga. 31, 157 S.E. 98 (1931).

Mere introduction of ex parte affidavits does not invalidate order of commission, upon a hearing on an application for a certificate of public convenience and necessity. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm'n, 213 Ga. 418, 99 S.E.2d 225 (1957), for comment, see 20 Ga. B.J. 247 (1957).

Expert witness' qualifications.

- In rate increase request hearings, where the power company failed to object to an expert witness' qualifications either before or during the witness's testimony, any objection it might have had was waived. Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 196 Ga. App. 572, 396 S.E.2d 562 (1990), cert. denied, 196 Ga. App. 908, 396 S.E.2d 562 (1990).

Cited in Coleman v. Drake, 183 Ga. 682, 188 S.E. 897 (1936).

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Carriers, §§ 608 et seq., 1144. 64 Am. Jur. 2d, Public Utilities, §§ 183, 190.

C.J.S.

- 13 C.J.S., Carriers, §§ 433, 436, 437, 444, 465, 466, 503, 577, 579-584, 590.

ALR.

- Representation of another before state public utilities or service commission as involving practice of law, 13 A.L.R.3d 812.

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