Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 50-13-14 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

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

ARTICLE 1 GENERAL PROVISIONS

50-13-14. Intervention in contested cases.

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.

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

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).

Cases Citing O.C.G.A. § 50-13-14

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Georgia Power Co. v. Campaign for a Prosperous Georgia, 336 S.E.2d 790 (Ga. 1985).

Cited 17 times | Published | Supreme Court of Georgia | Dec 2, 1985 | 255 Ga. 253

...at persons who are allowed to intervene by the PSC, see OCGA § 46-2-59 (e), are automatically elevated to the status of a party to the proceedings, OCGA § 46-2-59 (a). 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....
..., hearing officers, or parties to examine or cross-examine witnesses, except with the consent of the witness." OCGA § 46-2-58 (c). Before the enactment of OCGA § 46-2-59, the intervention provision applicable to the PSC and other agencies was OCGA § 50-13-14, which did not grant party status, for purposes of the agency proceeding, to persons permitted to intervene....
Copy

Gee v. Prof'l Practices Comm'n, 491 S.E.2d 375 (Ga. 1997).

Cited 6 times | Published | Supreme Court of Georgia | Oct 14, 1997 | 268 Ga. 491, 97 Fulton County D. Rep. 3756

...1586, 1589, 29 L.Ed.2d 90 (1971); see State Board of Educ. v. Drury, 263 Ga. 429, 430, 437 S.E.2d 290 (1993). [7] Mathews v. Eldridge, 424 U.S. 319, 332, 96 S.Ct. 893, 901, 47 L.Ed.2d 18 (1976). [8] See OCGA § 20-2-797(a) (requiring a hearing in contested cases held pursuant to § 50-13-14 before the submission of a Practices Commission investigative report to a school board or the Practices Commission); OCGA § 50-13-14(a) (requiring that such a hearing, when requested, should be held before the ultimate decision maker, here the school board, or by the Office of State Administrative Hearings). [9] See OCGA § 20-2-797(a); OCGA § 50-13-14(a).