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2018 Georgia Code 50-13-1 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

Section 13. Administrative Procedure, 50-13-1 through 50-13-44.

ARTICLE 1 GENERAL PROVISIONS

50-13-1. Short title; purpose.

This chapter shall be known and may be cited as the "Georgia Administrative Procedure Act." It is not intended that this chapter create or diminish any substantive rights or delegated authority, but this chapter is meant to provide a procedure for administrative determination and regulation where expressly authorized by law or otherwise required by the Constitution or a statute of this state.

(Ga. L. 1964, p. 338, § 1; Ga. L. 1965, p. 283, § 1.)

Law reviews.

- For article advocating consistency in statutory provisions governing review of administrative conduct in Georgia, prior to the enactment of O.C.G.A. Ch. 13, T. 50, see 15 Ga. B.J. 153 (1952). For article discussing procedural problems with judicial review of administrative conduct in Georgia prior to the enactment of O.C.G.A. Ch. 13, T. 50, see 15 Ga. B.J. 297 (1953). For article, "The Georgia Uniform Procedure Act," see 1 Ga. St. B.J. 269 (1964). For article discussing Georgia administrative law during 1975 to 1977, see 29 Mercer L. Rev. 1 (1977). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015). For note discussing application of procedural due process requirements to hearings by administrative tribunals, see 32 Mercer L. Rev. 359 (1980).

JUDICIAL DECISIONS

Exhaustion of administrative remedies.

- Intent of the legislature was to provide by Ga. L. 1964, p. 338, § 1 et seq. (see O.C.G.A. Ch. 13, T. 50) an administrative procedure to resolve conflicts within the authority vested in administrative agencies and boards by statute without resort to courts of record in the first instance. Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976).

Alternative remedy available.

- Trial court properly denied the defendant's amended motion for a new trial holding that the administration of breath tests pursuant to Ga. Comp. R. & Regs. 92-3-.06(12)(b) did not violate the due process clause under both U.S. Const., amend. 5 or Ga. Const. 1983, Art. I, Sec. I, Para. I given that: (1) the claim was raised for the first time in the new trial motion, and was thus untimely; (2) the defendant had an alternative remedy under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq.; (3) the defendant failed to show that the Division of Forensic Sciences (DFS) eliminated meaningful procedures for conducting breath tests when the division promulgated the rule; and (4) the techniques and methods approved by DFS were sufficient to ensure fair and accurate testing. Palmaka v. State, 280 Ga. App. 761, 634 S.E.2d 883 (2006).

Civil Practice Act was inapplicable to proceedings under the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, § 1 et seq. Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976).

Provisions strictly construed.

- Ga. L. 1937, p. 806 (see O.C.G.A. § 34-8-222) and the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, § 1 et seq., are in derogation of common law and must be strictly construed. Caldwell v. Corbin, 152 Ga. App. 153, 262 S.E.2d 516 (1979).

Administrative review precludes equitable relief.

- When a statute provides a party with a means of review by an administrative agency, such procedure is generally an adequate remedy at law so as to preclude the grant of equitable relief. Brogdon v. State Bd. of Veterinary Medicine, 244 Ga. 780, 262 S.E.2d 56 (1979).

Hearings on suspension of driver's license for refusal to submit to breath test.

- See Hardison v. Fayssoux, 168 Ga. App. 398, 309 S.E.2d 397 (1983).

Reversing agency decision on ground not raised before agency.

- In a proceeding wherein a trial court affirmatively granted a peace officer's reinstatement, the court held that the trial court erred by reversing the decision of the council based on grounds that were never urged before the trial court and that were not raised in the petition for judicial review or at the hearing on the petition. Ga. Peace Officer Standards and Training Council v. Hodges, 330 Ga. App. 145, 767 S.E.2d 286 (2014).

Compliance with appeal procedures of administrative decision required.

- In a case involving a white supremacist organization being denied a permit for the Adopt-A-Highway program administered by the Georgia Department of Transportation (Department), the court dismissed the Department's appeal for lack of jurisdiction because the Department sought review of a decision of a state administrative agency and was required under O.C.G.A. § 5-6-35(a)(1) to bring the Department's appeal by way of an application for discretionary review, but failed to do so. State of Ga. v. International Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 788 S.E.2d 455 (2016).

Cited in Hood v. Rice, 120 Ga. App. 691, 172 S.E.2d 170 (1969); Department of Pub. Safety v. Byars, 127 Ga. App. 190, 192 S.E.2d 926 (1972); O'Neal v. Georgia Real Estate Comm'n, 129 Ga. App. 211, 199 S.E.2d 362 (1973); Sumter County Bd. of Educ. v. Mosley, 147 Ga. App. 478, 249 S.E.2d 284 (1978); Keramidas v. Department of Human Resources, 147 Ga. App. 820, 250 S.E.2d 560 (1978); Hicks v. Georgia State Bd. of Pharmacy, 553 F. Supp. 314 (N.D. Ga. 1982); Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994); Brown v. Barrow, 512 F.3d 1304 (11th Cir. 2008); Atmos Energy Corp. v. Ga. PSC, 290 Ga. App. 243, 659 S.E.2d 385 (2008); Atmos Energy Corp. v. Ga. PSC, 290 Ga. App. 243, 659 S.E.2d 385 (2008); Carolina Tobacco Co. v. Baker, 295 Ga. App. 115, 670 S.E.2d 811 (2008); Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 298 Ga. App. 753, 681 S.E.2d 203 (2009); Scarborough v. Hunter, 293 Ga. 431, 746 S.E.2d 119 (2013); DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Purpose and intent of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, § 1, is not to create additional substantive requirements in what is cause for revocations of a license by an administrative agency; rather, the purpose and intent of that law is to provide uniform, minimum procedural requirements to be followed by an administrative agency in determining the legal rights, duties, or privileges of a party in a matter in which the particular agency regulates and to which the law applies. 1965-66 Op. Att'y Gen. No. 65-73.

Licensee momentarily complying but with history of noncompliance.

- Administrative agency may proceed to revoke license of licensee in conformity with the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, § 1 and the fact that the licensee shows at the agency's proceedings that the licensee is momentarily complying with all lawful requirements for the retention of the license would be immaterial; the real question to be resolved by the agency's proceedings would be whether the licensee had been in noncompliance with all lawful requirements for the retention of the license at the time that the licensee is alleged to have been in noncompliance with such requirements. 1965-66 Op. Att'y Gen. No. 65-73.

RESEARCH REFERENCES

1A Am. Jur. Pleading and Practice Forms, Administrative Law, § 1 et seq.

Cases Citing Georgia Code 50-13-1 From Courtlistener.com

Total Results: 20

Ga. Dep't of Human Servs. v. Addison

Court: Supreme Court of Georgia | Date Filed: 2018-09-10

Citation: 819 S.E.2d 20, 304 Ga. 425

Snippet: Georgia Administrative Procedure Act (APA), OCGA §§ 50-13-1 to 50-13-44, is specified in the rest of OCGA §

Ga. Power Co. v. Cazier

Court: Supreme Court of Georgia | Date Filed: 2018-06-18

Citation: 815 S.E.2d 922

Snippet: the Administrative Procedure Act (APA), OCGA § 50-13-1 et seq., which requires exhaustion when one aggrieved

State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc.

Court: Supreme Court of Georgia | Date Filed: 2016-07-05

Citation: 299 Ga. 392, 788 S.E.2d 455, 2016 Ga. LEXIS 465

Snippet: freedom of speech. 7 See OCGA § 50-13-1 et seq. 8 The Administrative Procedure

Tibbles v. Teachers Retirement System of Georgia

Court: Supreme Court of Georgia | Date Filed: 2015-07-13

Snippet: Administrative Procedure Act (“APA”), OCGA § 50-13-1 et seq., but the record does not disclose whether

Tibbles v. Teachers Retirement System of Georgia

Court: Supreme Court of Georgia | Date Filed: 2015-07-13

Citation: 297 Ga. 557, 775 S.E.2d 527, 2015 Ga. LEXIS 541

Snippet: Georgia Administrative Procedure Act (“APA”), OCGA § 50-13-1 et seq., but the record does not disclose whether

DeKalb County School District v. Georgia State Board of Education

Court: Supreme Court of Georgia | Date Filed: 2013-11-25

Citation: 294 Ga. 349, 751 S.E.2d 827

Snippet: the Georgia Administrative Procedure Act, OCGA § 50-13-1 et seq., and it provides as well for judicial review

Scarborough v. Hunter

Court: Supreme Court of Georgia | Date Filed: 2013-07-11

Citation: 293 Ga. 431, 746 S.E.2d 119, 2013 Fulton County D. Rep. 2180, 2013 WL 3475334, 2013 Ga. LEXIS 613

Snippet: Administrative Procedure Act (“APA”), OCGA §§ 50-13-1 to 50-13-44, applies only to certain state agencies

Roberts v. Deal

Court: Supreme Court of Georgia | Date Filed: 2012-03-19

Citation: 723 S.E.2d 901, 290 Ga. 705, 2012 Fulton County D. Rep. 952, 2012 WL 932026, 2012 Ga. LEXIS 297

Snippet: Georgia Administrative Procedure Act, see OCGA § 50-13-1 et seq., Appellants appealed the Governor's order

Judicial Council of Ga. v. BROWN & GALLO

Court: Supreme Court of Georgia | Date Filed: 2010-11-22

Citation: 702 S.E.2d 894, 288 Ga. 294, 2010 Fulton County D. Rep. 3799, 2010 Ga. LEXIS 889

Snippet: Administrative Procedure Act is set out in OCGA § 50-13-1: "this chapter is meant to provide a procedure

Center for a Sustainable Coast v. Coastal Marshlands Protection Committee

Court: Supreme Court of Georgia | Date Filed: 2008-11-17

Citation: 670 S.E.2d 429, 284 Ga. 736, 2008 Fulton County D. Rep. 3665, 2008 Ga. LEXIS 985

Snippet: Jr, Julie V. Mayfield, amici curiae. OCGA §§ 50-13-1 to 50-13-44. In deciding whether an agency action

Charles H. Wesley Education Foundation, Inc. v. State Election Board

Court: Supreme Court of Georgia | Date Filed: 2007-11-21

Citation: 654 S.E.2d 127, 282 Ga. 707, 2007 Fulton County D. Rep. 3588, 2007 Ga. LEXIS 851

Snippet: Assistant Attorney General, for appellee. OCGA §§ 50-13-1 to 50-13-44. Technically speaking, the Board’s

James v. Davis

Court: Supreme Court of Georgia | Date Filed: 2006-05-08

Citation: 280 Ga. 497, 629 S.E.2d 820, 2006 Fulton County D. Rep. 1416, 2006 Ga. LEXIS 264

Snippet: Services. See Ga. Laws 2005, p. 334. OCGA§§ 50-13-1 to 50-13-44. See Miles v. Shaw, 272 Ga. 475

State v. Ponce

Court: Supreme Court of Georgia | Date Filed: 2005-09-19

Citation: 619 S.E.2d 682, 279 Ga. 651, 2005 Fulton County D. Rep. 2879, 2005 Ga. LEXIS 518

Snippet: under the Administrative Procedure Act, OCGA § 50-13-1 et seq., "[t]he courts shall take judicial notice

Outdoor Advertising Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc.

Court: Supreme Court of Georgia | Date Filed: 2000-03-06

Citation: 527 S.E.2d 856, 272 Ga. 146, 2000 Fulton County D. Rep. 937, 2000 Ga. LEXIS 218

Snippet: the Georgia Administrative Procedure Act, OCGA § 50-13-1 et seq. Outdoor Advertising Association of Georgia

Love v. State

Court: Supreme Court of Georgia | Date Filed: 1999-06-01

Citation: 517 S.E.2d 53, 271 Ga. 398, 99 Fulton County D. Rep. 2084, 1999 Ga. LEXIS 514

Snippet: the Administrative Procedure Act (APA), OCGA § 50-13-1 et seq., and therefore were not "performed according

State v. Jackson

Court: Supreme Court of Georgia | Date Filed: 1998-03-20

Citation: 496 S.E.2d 912, 269 Ga. 308, 98 Fulton County D. Rep. 901, 1998 Ga. LEXIS 382

Snippet: 49-5-183.1 (d). See OCGA §§ 49-5-183.1 (e); 50-13-1 to 50-13-23. See OCGA § 49-5-183.1 (f). See

Tompkins v. Board of Regents

Court: Supreme Court of Georgia | Date Filed: 1992-05-11

Citation: 262 Ga. 208, 417 S.E.2d 153, 92 Fulton County D. Rep. 606, 1992 Ga. LEXIS 401

Snippet: Georgia’s Administrative Procedure Act, OCGA § 50-13-1 et seq specifically OCGA § 50-13-13 which requires

Georgia Department of Medical Assistance v. Beverly Enterprises, Inc.

Court: Supreme Court of Georgia | Date Filed: 1991-02-21

Citation: 401 S.E.2d 499, 261 Ga. 59, 1991 Ga. LEXIS 81

Snippet: under the Administrative Procedure Act (OCGA § 50-13-1 et seq.) of an administrative decision rendered

Department of Transportation v. Georgia Mining Ass'n

Court: Supreme Court of Georgia | Date Filed: 1984-01-20

Citation: 252 Ga. 128, 311 S.E.2d 443, 1984 Ga. LEXIS 579

Snippet: Georgia Administrative Procedure Act (APA). OCGA § 50-13-1 et seq. (Code Ann. § 3A-101 et seq.). Plaintiffs

CITY COUNCIL OF ST. MARYS, GEORGIA v. Crump

Court: Supreme Court of Georgia | Date Filed: 1983-11-01

Citation: 308 S.E.2d 180, 251 Ga. 594, 1983 Ga. LEXIS 931

Snippet: provided in the Administrative Procedure Act, OCGA § 50-13-1 et seq. (Code Ann. § 3A-101 et seq.), and that