Syfert Injury Law Firm
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Call Now: 904-383-7448When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this Code section.
(Ga. L. 1964, p. 338, § 17.)
- Brief and oral argument provisions of this section are inapplicable to disability benefit proceedings. Turner v. Harden, 136 Ga. App. 842, 222 S.E.2d 621 (1975).
- 73A C.J.S., Public Administrative Law and Procedure, § 272 et seq.
- Model State Administrative Procedure Acts (1961 and 1981), 15 U.L.A. § 1 et seq.
- Necessity of some evidence at hearing to support decision of public board or official required to be made after or upon hearing, 123 A.L.R. 1349.
Administrative decision by officer not present when evidence was taken, 18 A.L.R.2d 606.
No results found for Georgia Code 50-13-16.