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O.C.G.A. § 50-13-16 — Proposal for decision in contested cases; opportunity to file exceptions and present briefs and arguments | Georgia Code

O.C.G.A. § 50-13-16 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 50 STATE GOVERNMENT

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

ARTICLE 1 GENERAL PROVISIONS

50-13-16. Proposal for decision in contested cases; opportunity to file exceptions and present briefs and arguments.

When 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.)

JUDICIAL DECISIONS

Inapplicable to disability benefit proceedings.

- 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).

RESEARCH REFERENCES

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, § 272 et seq.

U.L.A.

- Model State Administrative Procedure Acts (1961 and 1981), 15 U.L.A. § 1 et seq.

ALR.

- 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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.