Title 50 — Title 50
0 chapters · 848 sections in this title.
O.C.G.A. § 50-12-76 Assistance from state agencies and independent providers
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The state auditor, the Attorney General, and all other agencies of state government, upon request by the committees, shall assist the committees in the discharge of their duties as set forth in this subpart. The committees may secure the services of independent accountants, engin…
O.C.G.A. § 50-12-77 Cooperation; reports; actions by Attorney General
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The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committees, set forth in this subpart, may be timely and efficiently disch…
O.C.G.A. § 50-12-78 Designation, §50-12-75
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Evaluation of board, §50-12-75. Criteria, §50-12-78. Expenditures, §50-12-79. Function, §50-12-75. Independent services. Utilization, §50-12-76. Reports, §50-12-77. State agencies. Assistance by, §50-12-76. Reports. Overview committee, §50-12-77. BANKS AND TRUST COMPANIES. Audits…
O.C.G.A. § 50-12-79 Expenditure of funds
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(a) The committees are authorized to expend state funds available to the committees for the discharge of their duties. Said funds may be used for the purposes of paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses in…
O.C.G.A. § 50-12-80 Creation; membership; appointment; terms
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(a) There is created the Georgia Commission on Women. The commission shall be composed of 15 members to be appointed as follows: (1) Five members shall be appointed by the Governor; 856 50-12-82 (2) Five members shall be appointed by the President of the Senate; and (3) Five memb…
O.C.G.A. § 50-12-81 Composition, §50-12-80
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Creation, §50-12-80. Duties, §50-12-82. Expenses. Reimbursement, §50-12-83. Members, §50-12-80. Powers, §50-12-82. Public health department. Assignment of commission to department for administrative purposes, §50-12-80. Quorum, §50-12-81. Reimbursement for expenses, §50-12-83. WO…
O.C.G.A. § 50-12-82 Powers and duties; cooperation with other agencies
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(a) The commission shall have the following powers and duties: 857 50-12-83 (1) To determine the scope and nature of the studies and research to be undertaken by the commission, including, but not limited to: (A) Educational needs of and opportunities for women; (B) Social securi…
O.C.G.A. § 50-12-83 Reports
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Annual report, §50-12-84. Secretary, §50-12-81. Terms of members, §50-12-80. Vacancies, §50-12-80. Purchasing. Minority, women and veteran owned business enterprise development, §§50-5-130 to 50-5-133. State purchasing. Minority, women and veteran owned business enterprise develo…
O.C.G.A. § 50-12-84 Creation; membership; appointment; terms
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Officers; quorum. Powers and duties; cooperation with other agencies. Reimbursement for expenses. Annual report. 50-12-131. 50-12-132. 50-12-133. 50-12-134. Article 6 Legislative findings and declarations. Creation; membership; terms; chairperson; advisers. Duties. Authorization t…
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 …
O.C.G.A. § 50-13A-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Tax Tribunal Act of 2012.’’ 93 50-13A-3 History. — Code 1981, § 50-13A-1, enacted by Ga. L. 2012, p. 318, § 15/HB 100.
O.C.G.A. § 50-13A-10 Review of contested cases, §50-13-41
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State administrative law judge. Powers, §50-13-41. Subpoenas, §50-13-13. Date when documents received by or filed with agencies. Determination, §50-13-23. Declaratory judgments. Rules. Validity, §50-13-10. Definitions, §50-13-2. Dentists. License to practice dentistry. Judicial rev…
O.C.G.A. § 50-13A-11 Subpoenas, §50-13A-13
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Support staff, §50-13A-8. Transcripts and other preparations of records. Fees, §50-13A-12. Tribunal judges, §50-13A-5. Qualifications and terms, §50-13A-6. Small claims division, §50-13A-16. Hearings. Administrative procedure. Demand for hearing by aggrieved taxpayer. Department o…
O.C.G.A. § 50-13A-12 Fees
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(a) Upon filing a petition, the petitioner shall pay to the clerk of the tribunal a fee as determined by the rules established by the tribunal. (b) A similar fee shall be paid by other parties making an appearance in the proceeding, except that no fee shall be charged to a governm…
O.C.G.A. § 50-13A-13 CASINO GAMBLING
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Lottery for education. Defined, §50-27-3. CHARACTER EDUCATION. Mighty eighth air force heritage museum. Designated state center for character education, §50-3-79. CIVIL RIGHTS. Official Georgia historical civil rights museum. Designation, §50-3-85. CHEROKEE ROSE. State floral emble…
O.C.G.A. § 50-13A-14 Conduct of trials; evidence; recordings
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(a) Trials in proceedings before the tribunal shall be de novo and without a jury. All questions of law decided by the tribunal, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpre…
O.C.G.A. § 50-13A-15 CONFLICTS OF INTEREST
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Coin-operated amusement machines. Accounting terminals, class B machines. Advisory board, §50-27-89. Vendors building, operating, maintaining, etc terminals, §50-27-101. Contractors.
O.C.G.A. § 50-13A-16 Law, questions of
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Standards for decision on questions of law, §50-13A-14. Location of tribunal, §50-13A-7. Nontax cases, hearing and resolution by tribunal judges, §50-13A-6. Oaths. Administration of oaths of witnesses, §50-13A-13. Judge’s oath, §50-13A-6. Official reports of tribunal, §50-13A-15.…
O.C.G.A. § 50-13A-17 Procedure and designation of appealing courts
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(a) As used in this Code section, the term ‘‘reviewing court’’ means the Superior Court of Fulton County. (b) Any party may appeal a final judgment of the tribunal, except for judgments of the small claims division, to the reviewing court. Proceedings for judicial review shall be …
O.C.G.A. § 50-13A-18 Service; filing
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(a) An initial petition shall be served by certified mail or statutory overnight delivery and any other pleading, motion, response, statement, or document permitted or required to be served shall be served by first-class mail or hand delivery. (b) Any pleading, motion, response, st…
O.C.G.A. § 50-13A-19 Rules of practice, procedure, and forms
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The tribunal shall adopt rules of practice and procedure and adopt all reasonable rules and forms as may be necessary or appropriate to carry out the intent and purposes of this chapter. History. — Code 1981, § 50-13A-19, enacted by Ga. L. 2012, p. 318, § 15/HB 100. 50-13A-19.1. …
O.C.G.A. § 50-13A-19.1 Role of tribunal in refund matters from Department of Revenue
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(a) The tribunal shall docket the declaratory judgments of the revenue commissioner pursuant to subsection (h) of Code Section 48-2-35 as actions in the tribunal without the filing of a petition for relief. (b)(1) The tribunal shall determine by interlocutory order the party at fa…
O.C.G.A. § 50-13A-2 Role of agency
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The General Assembly finds that there is a need for an independent specialized agency separate and apart from the Department of Revenue to resolve disputes between the department and taxpayers in an efficient and cost-effective manner. Such an agency would: (1) Improve the utiliza…
O.C.G.A. § 50-13A-20 Applicability of provisions
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(a) For purposes of the language contained in the Code sections referenced in subsection (b) of this Code section, the term ‘‘agency’’ shall include the tribunal. (b) Only the following provisions of Article 1 of Chapter 13 of this title shall apply to the tribunal and its admini…
O.C.G.A. § 50-13A-4 Creation of tax tribunal; seal
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(a) There is created within the executive branch of government the Georgia Tax Tribunal. The tribunal shall be assigned for administrative purposes only, as provided in Code Section 50-4-3, to the Department of Administrative Services and shall be funded through appropriations by…