Title 50 — Title 50
0 chapters · 848 sections in this title.
O.C.G.A. § 50-13-1 Short title; purpose
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This chapter shall be known and may be cited as the ‘‘Georgia Administrative Procedure Act.’’ It is not intended that this chapter create or diminish any substantive rights or delegated authority, but this chapter is meant to provide a procedure for administrative determination a…
O.C.G.A. § 50-13-10 Roy E
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Davis & Co. v. Department of Revenue, 256 Ga. 709, 353 S.E.2d 195 (1987). 50-13-10 Department manual not ‘‘rule.’’ — Department of Medical Assistance (now Department of Community Health) manual, which contained ‘‘the terms and conditions for receipt of medical assistance reimburs…
O.C.G.A. § 50-13-11 Declaratory rulings by agencies
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50-13-12. Department of Revenue to hold hearing when demanded by aggrieved taxpayer; election of remedies [Repealed]. 50-13-13. Opportunity for hearing in contested cases; notice; counsel; subpoenas; record; enforcement powers; revenue cases. Article 2 Office of State Administrat…
O.C.G.A. § 50-13-13 Community affairs
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Department of community affairs. Exemption from administrative procedure act, §50-8-14. Contested cases, §§50-13-2, 50-13-13 to 50-13-23. Attorneys at law.
O.C.G.A. § 50-13-14 Intervention in contested cases
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In contested cases: (1) Upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene or when the representation of an applicant’s interest is or may be inadequate; or (2) Upon timely application, any person may be …
O.C.G.A. § 50-13-15 Emergencies
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Rules, §50-13-4. Evidence in contested cases. Rules of evidence, §50-13-15. Federal government-mandated rules and regulations. Reporting by agencies of, §50-13-4.1. Filing of documents. Commissioner of insurance. Compliance with filing requirements, §50-13-21. Determining date whe…
O.C.G.A. § 50-13-16 BROADBAND COMMUNICATIONS
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Community affairs. Department of community affairs. Comprehensive plan for state and local governments. Contents of plan, §50-8-7.1. Economic development. Board of economic development. Powers and duties as to broadband development, §50-7-8. OneGeorgia authority. Projects defined …
O.C.G.A. § 50-13-17 Purpose of act, §50-13-1
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Rulemaking, §§50-13-3 to 50-13-11. Adoption, §50-13-3. Petition, §50-13-9. Procedural requirements, §50-13-4. Amendment. Petition, §50-13-9. Procedural requirements, §50-13-4. Contests. Contested cases generally, §§50-13-2, 50-13-13 to 50-13-23. Limitation on action to contest ru…
O.C.G.A. § 50-13-19 Greene v
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Dep’t of Cmty. Health, 293 Ga. App. 201, 666 S.E.2d 590 (2008). 50-13-19 Record contained no showing that the trial court applied an incorrect standard to any legal conclusions made by the Georgia Public Service Commission because both at the hearing and in the court’s order, the…
O.C.G.A. § 50-13-2 Definitions
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As used in this chapter, the term: (1) ‘‘Agency’’ means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the …
O.C.G.A. § 50-13-20 Coastal Marshlands Prot
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Comm. v. Altamaha Riverkeeper, Inc., 304 Ga. App. 1, 695 S.E.2d 273, cert. denied, No. S10C1494, 2010 Ga. LEXIS 745 (Ga. 2010). Superior court order remanding a case back to the administrative tribunal does not constitute a final judgment. State Health Planning Review Bd. v. Piedm…
O.C.G.A. § 50-13-21 Administrative rules and regulations
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— Organization, practice and pro- cedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General Office of Commissioner of Insurance, Chapters 120-2-1 through 120-2-2.
O.C.G.A. § 50-13-22 Construction of chapter
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Nothing in this chapter shall be held to diminish the constitutional rights of any person, to limit or repeal additional requirements imposed by statute or otherwise recognized by law, to diminish any delegation of authority to any agency, nor to create any substantive rights; bu…
O.C.G.A. § 50-13-23 Short title, §50-13-1
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GEORGIA ART ALLIANCE, §§50-12-30 to 50-12-35. Advisory committee, §50-12-31. Board of trustees. Duties and responsibilities, §50-12-33. Governing body, §50-12-31. Members, §50-12-31. Operation and management, §50-12-33. Creation, §50-12-31.
O.C.G.A. § 50-13-3 Short title; purpose
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Definitions. Adoption of rules of organization and practice; public inspection and validity of rules, policies, orders, decisions, and opinions. 50-13-4. Procedural requirements for adoption, amendment, or repeal of rules; emergency rules; limitation on action to contest rule; leg…
O.C.G.A. § 50-13-4 Ante litem notice
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State. Notice of claims against, §50-21-26. Atlanta-region transit link “ATL” authority. Directors, board. Meetings, §50-39-4. Audits. Evidences of indebtedness. Sale, §50-17-25. Validation of bonds, §50-17-25. Coin operated amusement machines. Licenses. Revocation, suspension or…
O.C.G.A. § 50-13-4.1 Agency reporting on required regulation
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Each agency shall prepare annually a report that specifies with detail those federal government mandates that require agency promulgation of rules and regulations rather than enactment of law by the General Assembly. Such report shall also identify state and federal regulatory dup…
O.C.G.A. § 50-13-40 Office created; chief state administrative law judge
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(a) There is created within the executive branch of state government the Office of State Administrative Hearings. The office shall be independent of state administrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with t…
O.C.G.A. § 50-13-41 Requests for hearings, §50-13-41
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Reviewing initial decisions of law judges, §50-13-41. Rules and procedures, promulgating and establishing, §50-13-40. Service of process. Electronic service by office, §50-13-41. Special assistant administrative law judge. Temporary or case basis appointment, qualifications, §50-1…
O.C.G.A. § 50-13-42 Applicability of article
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(a) 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 Departm…
O.C.G.A. § 50-13-43 Creation
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Office of state administrative hearings, §50-13-40. Hearing procedures, §50-13-41. Interpretation and construction. Applicability of article, §50-13-42. State administrative law judge, §50-13-40. Approval, §50-13-44.
O.C.G.A. § 50-13-44 Petitions
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Rules. Promulgation, amendment or repeal, §50-13-9. Physicians and surgeons.
O.C.G.A. § 50-13-5 Filing of previously adopted rules
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(a) Within 20 days after July 1, 1965, each agency shall file with the Secretary of State a certified copy of all rules which were adopted by the agency prior to July 1, 1965, and which are still of full force and effect and a certified copy of all rules which were adopted by the ag…
O.C.G.A. § 50-13-8 Judicial notice of rules
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The courts shall take judicial notice of any rule which has become effective pursuant to this chapter. History. — Ga. L. 1964, p. 338, § 8.
O.C.G.A. § 50-13-9 Physicians and surgeons
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License to practice medicine. Judicial review of final judgments in cases involving, §50-13-20. Prudent person rule. Contested cases. Rules of evidence, §50-13-15. Public property. Commission on condemnation of public property. Not subject to act, §50-16-183. ADMINISTRATIVE PROCED…
O.C.G.A. § 50-13-9.1 Variances or waivers to rules
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(a) The General Assembly finds and declares that the strict application of rules can lead to unreasonable, uneconomical, and unintended results in particular instances. The General Assembly further declares that it is appropriate in such cases to adopt a procedure for agencies to …