TITLE 50 STATE GOVERNMENT

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

ARTICLE 2 OFFICE OF STATE ADMINISTRATIVE HEARINGS

50-13-42. Applicability of article.

1. In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.
2. This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section 50-13-41.
3. This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of this title.

(Code 1981, §50-13-42, enacted by Ga. L. 1994, p. 1856, § 3; Ga. L. 1997, p. 844, § 5; Ga. L. 1999, p. 296, § 22; Ga. L. 2004, p. 598, § 3; Ga. L. 2009, p. 453, § 1-57/HB 228; Ga. L. 2012, p. 318, § 14/HB 100; Ga. L. 2018, p. 762, § 4/HB 790.)

The 2012 amendment, effective January 1, 2013, added subsection (c).

The 2018 amendment, effective May 8, 2018, substituted "subsection (d)" for "subsection (e)" in the second sentence of subsection (b).