O.C.G.A.
O.C.G.A.

O.C.G.A. § 50-13-14 (2019)

Intervention in contested cases

✓ 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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In contested cases:

(1) Upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene or when the representation of an applicant’s interest is or may be inadequate; or

(2) Upon timely application, any person may be permitted to intervene when a statute confers a conditional right to intervene or when the applicant’s claim or defense and the main action have a question of law or fact in common. In exercising its discretion, the agency shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of existing parties.

History

Ga. L. 1964, p. 338, § 15; Ga. L. 1965, p. 283, § 14.

Annotations

Cross references. - Intervention in proceedings before Public Service Commission, § 46-2-59.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, ‘‘an’’ was inserted preceding ‘‘applicant’s’’ in paragraph (1).

JUDICIAL DECISIONS Intervention in proceedings authorized. - Nonprofit insurance company should have been allowed to intervene in proceedings attacking the implementation of a plan of conversion from nonprofit to for-profit status adopted and approved by the Commissioner of Insurance pursuant to O.C.G.A. § 33-20-34, which, after approval, became a binding agreement

between the Commissioner and the company. Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000). Cited in National Council on Comp. Ins. v. Caldwell, 154 Ga. App. 528, 268 S.E.2d 793 (1980); Campaign for a Prosperous Georgia v. Georgia Power Co., 174 Ga. App. 263, 329 S.E.2d 570 (1985).

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1985–2021 · leading case: Georgia Power Co. v. Campaign for a Prosperous Georgia, 336 S.E.2d 790 (Ga. 1985).
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Georgia Power Co. v. Campaign for a Prosperous Georgia, 336 S.E.2d 790 (Ga. 1985). · cites it 8× “This provision differs from the general intervention provision of the APA, OCGA § 50-13-14, pursuant to which a person allowed to intervene in an agency proceeding does not automatically attain the status of a full party to the proceeding.”
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007). · cites it 4× “Point Peter intervened in the administrative proceedings pursuant to OCGA § 50-13-14 (1), a hearing was held, and the ALJ issued a final decision on February 20, 2006.”
Blue Cross & Blue Shield of Georgia, Inc. v. Deal, 536 S.E.2d 590 (Ga. Ct. App. 2000). · cites it 6× “In turn, OCGA § 50-13-14 sets out that, upon timely application in contested cases: (1) .”
Campaign for a Prosperous Georgia v. Georgia Power Co., 329 S.E.2d 570 (Ga. Ct. App. 1985). · cites it 6× “That statute provides for intervention in a PSC proceeding, and it is markedly different from OCGA § 50-13-14, the general intervention provision of the APA.”
Coastal Marshlands Prot. Comm. v. Altamaha Riverkeeper, Inc., 695 S.E.2d 273 (Ga. Ct. App. 2010). · cites it 2× “Mid-Roc filed a motion to intervene pursuant to OCGA § 50-13-14 (1), which the ALJ granted.”
Redmond Park Hosp. LLC d/b/a Redmond Reg'l Med. Ctr. v. Tanner Med. Ctr., Inc d/b/a Tanner Med. Ctr.-carrollton (Ga. Ct. App. 2021). · cites it 14× “(b) Redmond further argues that the CON Act is inapplicable to its intervention rights, which it asserts instead are governed by the APA, namely OCGA § 50-13-14 (a). Again, we disagree. In support of its position that the CON Act does not govern its intervention rights in the…”
Leakey v. Corridor Materials, LLC, 839 F. Supp. 2d 1340 (M.D. Ga. 2012). · cites it 2× “7 First, the Corridor Defendants cite O.C.G.A. § 50-13-14, a provision of Georgia’s APA, which provides for intervention in “contested cases” before a Georgia agency upon timely application if the representation of the applicant’s interest is “or may be” inadequate.”
— 50-13-14(1) — 1 case
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007). “Point Peter intervened in the administrative proceedings pursuant to OCGA § 50-13-14 (1), a hearing was held, and the ALJ issued a final decision on February 20, 2006.”
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