O.C.G.A.

O.C.G.A. § 49-4-13 (2019)

Hearings; 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) Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” the rules and regulations of the Office of State Administra61 tive Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.

(b) An applicant for or recipient of assistance under Article 9 of this chapter, the “Temporary Assistance for Needy Families Act,” shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program.

History

Ga. L. 1965, p. 385, § 12; Ga. L. 1997, p. 1021, § 2.

Annotations

Editor’s notes. Ga. L. 1997, p. 1021, § 10, not codified by the General Assembly, provides for severability.

Law reviews. For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 2804 (1997).

JUDICIAL DECISIONS Language “shall be final” in Ga. L. 1965, p. 385, § 12 (see O.C.G.A. § 49-413) should not be read to foreclose review under the Georgia Administrative Procedure Act, Ga. L. 1965, p. 283, § 1 (see O.C.G.A. § 50-13-1). Department of Human Resources v. Williams, 130 Ga. App. 149, 202 S.E.2d 504, 1973 Ga. App. LEXIS 1256 (1973). Judicial review requirements met. - All requirements of Ga. L. 1965, p. 283,

§ 1 (see O.C.G.A. § 50-13-1) for judicial review are met by decisions under Ga. L. 1965, p. 385, § 12 (see O.C.G.A. § 49-413). Department of Human Resources v. Williams, 130 Ga. App. 149, 202 S.E.2d 504, 1973 Ga. App. LEXIS 1256 (1973).

Notes of Decisions

Cited in 2 cases, 1989–1991 · leading case: Jones v. Ward, 412 S.E.2d 576 (Ga. Ct. App. 1991).

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Jones v. Ward, 412 S.E.2d 576 (Ga. Ct. App. 1991). · cites it 2× “Indeed, appellant abandoned any claim based on appellee’s action or inaction in processing his application for general assistance benefits by not exhausting administrative remedies.”

Wilson v. Ledbetter, 389 S.E.2d 771 (Ga. Ct. App. 1989). · cites it 2× “See OCGA §§ 49-4-13 and 50-13-19. See Rules & Regulations of the State of Ga.”

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.