O.C.G.A.
O.C.G.A. § 50-13-41 (2019)
Hearing procedures; powers of administrative law judge; issuance of decision; reviewing agency; review of 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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(a)(1) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings, and such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. Whenever an agency under this paragraph receives a request for a hearing in a contested case, such agency shall forward such request for a hearing to the Office of State Administrative Hearings within a
reasonable period of time not to exceed 30 days after receipt of such request, and if the agency fails to do so, the party requesting the hearing may petition the Office of State Administrative Hearings for an order permitting such party to file a request for a hearing directly with the Office of State Administrative Hearings. (2) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1997–2022 · leading case: Alexander v. Dep't of Revenue, 728 S.E.2d 320 (Ga. Ct. App. 2012).
Alexander v. Dep't of Revenue, 728 S.E.2d 320 (Ga. Ct. App. 2012). “1 The dispute was referred for initial decision to an administrative law judge with the Office of State Administrative Hearings (OSAH), see OCGA§ 50-13-41, and the administrative law judge entered an initial decision affirming the assessment.”
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008). “When a court has before it a matter where it has no jurisdiction of the subject matter, no legal judgment can be rendered except one of dismissal; and when this court discovers from the record on appeal that a judgment has been rendered by a court having no jurisdiction of the…”
State of Georgia v. Int'l Keystone Knights of the Ku Klux Klan, Inc., 788 S.E.2d 455 (Ga. 2016). “, OCGA § 50-13-41 (Administrative Procedure Act procedures for hearing before administrative law judge).”
Malloy v. State, 744 S.E.2d 778 (Ga. 2013). “Although noting that the State’s interpretation of the services as abortion-related was reasonable, the ALJ determined that the record did not support a conclusion that appellant wilfully misrepresented a material fact and thus could not support a finding of fraud or wilful…”
Garvin v. Sec'y of State, 596 S.E.2d 166 (Ga. Ct. App. 2004). “On review pursuant to OCGA § 50-13-41 (d), the Secretary of State, acting as the Commissioner, considered the record and rendered a final decision adopting the ALJ’s summary determination that Garvin acted wilfully.”
Upper Chattahoochee Riverkeeper, Inc. v. Forsyth Cnty., 734 S.E.2d 242 (Ga. Ct. App. 2012). “OCGA § 50-13-41 (b) provides in part that “[a]n administrative law judge shall have all the powers of the referring agency with respect to a contested case.”
Gee v. Prof'l Practices Comm'n, 491 S.E.2d 375 (Ga. 1997). “4 However, in contested matters, before the Practices Commission may make such a recommendation, and before it can provide its findings of fact and conclusions of law to a school board or the Standards Commission, a hearing must first be conducted pursuant to OCGA § 50-13-41. 5…”
Carolina Tobacco Co. v. Baker, 670 S.E.2d 811 (Ga. Ct. App. 2008). “17 See OCGA § 50-13-41. 18 OCGA § 10-13-2 (9) (A).”
Draper v. Atlanta Indep. Sch. Sys., 480 F. Supp. 2d 1331 (N.D. Ga. 2007). “O.C.G.A. § 50-13-41(a)(l). J.D. alleges that he is aggrieved by the ALJ’s Order and submits two grounds for appeal to this Court.”
Piedmont Healthcare, Inc. v. Georgia Dep't of Human Resources, 638 S.E.2d 447 (Ga. Ct. App. 2006). “It argues that because disputed issues of material fact existed, the ALJ’s failure to hold a hearing violates OCGA § 50-13-41 (a) (1) and Ga. Comp. R. & Regs.”
Georgia Dep't of Revenue v. Trawick Constr. Co., 674 S.E.2d 350 (Ga. Ct. App. 2009). “”) (emphasis supplied); see also OCGA § 50-13-41 (d) (“In reviewing initial decisions by the Office of State Administrative Hearings, the reviewing agency shall give due regard to the [ALJ’s] opportunity to observe witnesses.”
Atlanta Indep. Sch. Sys. v. S.F., 740 F. Supp. 2d 1335 (N.D. Ga. 2010). “Specifically, O.C.G.A. § 50-13-41, O.C.G.A. § 50-13-1, et seq.”
— 50-13-41(a) — 2 cases
G.J. ex rel. E.J. v. Muscogee Cnty. Sch. Dist., 704 F. Supp. 2d 1299 (M.D. Ga. 2010).
Gj Ex Rel. Ej v. Muscogee Cnty. Sch. Dist., 704 F. Supp. 2d 1299 (M.D. Ga. 2010).
— 50-13-41(a)(l) — 3 cases
Draper v. Atlanta Indep. Sch. Sys., 480 F. Supp. 2d 1331 (N.D. Ga. 2007). “O.C.G.A. § 50-13-41(a)(l). J.D. alleges that he is aggrieved by the ALJ’s Order and submits two grounds for appeal to this Court.”
M.T.V. v. DeKalb Cnty. Sch. Dist., 446 F.3d 1153 (11th Cir. 2006).
Pope Ex Rel. Pope v. Cherokee Cnty. Bd. of Educ., 562 F. Supp. 2d 1371 (N.D. Ga. 2006).
— 50-13-41(d) — 1 case
Garvin v. Sec'y of State, 596 S.E.2d 166 (Ga. Ct. App. 2004). “On review pursuant to OCGA § 50-13-41 (d), the Secretary of State, acting as the Commissioner, considered the record and rendered a final decision adopting the ALJ’s summary determination that Garvin acted wilfully.”
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