O.C.G.A.

O.C.G.A. § 7-1-90 (2019)

Judicial review of department actions

✓ 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) Any final action of the department or refusal of the department to act may be subject to judicial review by any person or corporation affected by such action. Such action shall be brought within 60 days of the final action or refusal of action by the department as a special statutory proceeding in the county in which the affected person or corporation resides or is domiciled if within this state (which in the case of a corporation shall be the county of its registered office if it has such an office) or in Fulton County if the affected person or corporation resides or is domiciled outside of this state. The review shall be conducted by the court without a jury. The court shall not substitute its judgment for that of the department but may: (1) Compel department action unlawfully withheld; or

(2) Hold unlawful and set aside department action found to be: (A) In violation of constitutional or statutory provision; (B) In excess of statutory authority; (C) Made upon unlawful procedure; or (D) Arbitrary, capricious, or otherwise in abuse of discretion, provided that any action reviewable under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” or through the injunction procedure of Code Section 7-1-155 shall be reviewed under that chapter or Code section and not under this Code section. (b) Appeals from all final orders and judgments entered by the superior court under this Code section may be taken to the Court of Appeals or the Supreme Court in the same manner as in other cases.

History

Code 1933, § 41A-401, enacted by Ga.

L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 9; Ga. L. 1981, p. 1366, § 3.

Annotations

RESEARCH REFERENCES C.J.S. 73A C.J.S., Public Administrative Law and Procedure, §§ 315, 317.

Notes of Decisions
Cited in 2 cases, 1989–2015 · leading case: U.S. Capital Funding VI, Ltd. v. Patterson Bankshares, Inc., 137 F. Supp. 3d 1340 (S.D. Ga. 2015).
U.S. Capital Funding VI, Ltd. v. Patterson Bankshares, Inc., 137 F. Supp. 3d 1340 (S.D. Ga. 2015). · cites it 4× “Further, O.C.G.A. § 7-1-90 (a) (“Section 7-1-90 (a)”) sets forth a specific procedure for obtaining judicial review of an order issued by the Georgia DBF.”
Cmty. Bankers Ass'n of Georgia, Inc. v. First Nat'l Bank of Com., 388 S.E.2d 387 (Ga. Ct. App. 1989). · cites it 7× “OCGA § 7-1-90 provides for judicial review of agency decisions not subject to the Georgia Administrative Procedure Act and for appeals from such review.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.