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2018 Georgia Code 50-13-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-13-44 Case Law from Google Scholar Amendments to OCGA 50-13-44

TITLE 50 STATE GOVERNMENT

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

ARTICLE 2 OFFICE OF STATE ADMINISTRATIVE HEARINGS

50-13-44. Administrative transfer of individuals to Office of State Administrative Hearings; approval of chief state administrative law judge; funding of transferred positions; transferred employees status.

  1. Any full-time hearing officer or equivalent position, used exclusively or principally to conduct or preside over hearings for a covered agency immediately prior to July 1, 1994, shall be administratively transferred to the Office of State Administrative Hearings, if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1994, as an independent hearing officer or equivalent under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994, and shall continue as a special assistant administrative law judge. All full-time staff of covered agencies who have exclusively or principally served as support staff for administrative hearings shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994. All equipment or other tangible property in possession of covered agencies which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the Office of State Administrative Hearings as of July 1, 1994.
  2. All such transfers shall be subject to the approval of the chief state administrative law judge and such personnel or property shall not be transferred if the chief state administrative law judge determines that the hearing officer, staff, equipment, or property should remain with the transferring agency.
  3. Funding for functions and positions transferred to the Office of State Administrative Hearings under this article shall be transferred as provided for in Code Section 45-12-90. The employees of the Office of State Administrative Hearings shall be in the unclassified service unless they are in the classified service as such term is defined by Code Section 45-20-2.
  4. The chief state administrative law judge shall assess agencies the cost of services rendered to them in the conduct of hearings.
    1. Any full-time hearing officer of the State Personnel Board used exclusively or principally to conduct or preside over hearings for such board immediately prior to July 1, 1997, shall be administratively transferred to the Office of State Administrative Hearings if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1997, as an independent hearing officer under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1997, and shall continue as a special assistant administrative law judge. All full-time staff of the State Personnel Board who have exclusively or principally served as support staff for administrative hearings conducted by such hearing officers shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1997. All equipment or other tangible property in possession of the State Personnel Board which is used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of State Administrative Hearings as of July 1, 1997.
    2. Funding for functions and positions transferred to the Office of State Administrative Hearings under this subsection shall be transferred as provided for in Code Section 45-12-90.

(Code 1981, §50-13-44, enacted by Ga. L. 1994, p. 1856, § 3; Ga. L. 1997, p. 844, § 6; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-107/HB 642.)

The 2012 amendment, effective July 1, 2012, in subsection (c), substituted the present provisions of the second sentence for the former provisions, which read: "The employees of the Office of State Administrative Hearings shall be in the classified service of the State Personnel Administration; provided, however, that the chief administrative law judge may place positions in the unclassified service as authorized in Article 1 of Chapter 20 of Title 45 and may also place an additional ten assistant administrative law judges in the unclassified service."

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Cited in Scarborough v. Hunter, 293 Ga. 431, 746 S.E.2d 119 (2013).

Cases Citing O.C.G.A. § 50-13-44

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).

Cited 33 times | Published | Supreme Court of Georgia | Nov 17, 2008 | 284 Ga. 736, 2008 Fulton County D. Rep. 3665

...t will not declare an exception to the normal rules of deference merely because an administrative agency issues a rule or regulation at a time when there is a pending dispute regarding the subject of that rule or regulation. [5] OCGA §§ 50-13-1 to 50-13-44....
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Charles H. Wesley Educ. Found., Inc. v. State Election Bd., 654 S.E.2d 127 (Ga. 2007).

Cited 22 times | Published | Supreme Court of Georgia | Nov 21, 2007 | 282 Ga. 707, 2007 Fulton County D. Rep. 3588

...This result is the antithesis of what the General Assembly sought to achieve by enacting the Georgia APA and OCGA § 50-13-9. Accordingly, I dissent. I am authorized to state that Presiding Justice HUNSTEIN joins in this dissent. NOTES [1] OCGA §§ 50-13-1 to 50-13-44....
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Ga. Dep't of Human Servs. v. Addison, 819 S.E.2d 20 (Ga. 2018).

Cited 13 times | Published | Supreme Court of Georgia | Sep 10, 2018 | 304 Ga. 425

...which he or she may be notified of the hearing. The process for the administrative hearing and for judicial review of the agency's decision, both of which are generally governed by the Georgia Administrative Procedure Act (APA), OCGA §§ 50-13-1 to 50-13-44, is specified in the rest of OCGA § 49-5-183, which says: (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt....
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Scarborough v. Hunter, 293 Ga. 431 (Ga. 2013).

Cited 12 times | Published | Supreme Court of Georgia | Jul 11, 2013 | 746 S.E.2d 119, 2013 Fulton County D. Rep. 2180

...The trial court held that “OCGA § 50-13-19 provides for judicialreview of administrative hearings such as was conducted by [the Board] on June 28,2011.” That is incorrect. By its terms, *435the Georgia Administrative Procedure Act (“APA”), OCGA §§ 50-13-1 to 50-13-44, applies only to certain state agencies that are expressly authorized by law to make rules and regulations or to determine contested cases; the APA does not apply to local governments or local administrative bodies....
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Georgia Dep't of Human Servs. v. Addison, 304 Ga. 425 (Ga. 2018).

Published | Supreme Court of Georgia | Sep 10, 2018

...3 be notified of the hearing. The process for the administrative hearing and for judicial review of the agency’s decision, both of which are generally governed by the Georgia Administrative Procedure Act (APA), OCGA §§ 50- 13-1 to 50-13-44, is specified in the rest of OCGA § 49-5-183, which says: (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt....
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James v. Davis, 280 Ga. 497 (Ga. 2006).

Published | Supreme Court of Georgia | May 8, 2006 | 629 S.E.2d 820, 2006 Fulton County D. Rep. 1416

...to order the Commissioner to issue James a driver’s license. Judgment affirmed. All the Justices concur. In 2005, the Department of Motor Vehicle Safety became the Department of Driver Services. See Ga. Laws 2005, p. 334. OCGA§§ 50-13-1 to 50-13-44. See Miles v. Shaw, 272 Ga. 475, 476-478 (532 SE2d 373) (2000); Ga. Comp. R. & Regs. r. 570-1-.06. See OCGA§§ 50-13-40 to 50-13-44. Lewis v....