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§ 31-5-3 - Appeals

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O.C.G.A.31-5-3 (2010) 31-5-3.Appeals (a)(1)Any person who is a party to a proceeding and who is aggrieved oradversely affected by any final order or action of a county board ofhealth or agency of the department may have review thereof by appeal tothe department. Any person who is a party to a proceeding and who isaggrieved or adversely affected by any final order or action of thedepartment may have review thereof by appeal to the superior court inthe county in which the action arose or to the Superior Court of FultonCounty.(2)Appeals to the departmentshall be heard by it after not less than 20 days' notice delivered bycertified mail or statutory overnight delivery is given to all partiesand their counsel of record, at such times and places as are set forthin such notice; provided, however, if such appeal is not heard anddetermined within a period of 90 days, the decision shall stand reversedunless all parties consent to an extension of time. Review on appeal tothe department shall be confined to the record transmitted from belowand the questions raised in the appeal. Orders, rules, regulations, orother decisions of county boards of health or other agencies of thedepartment shall not be set aside on appeal to the department unlesscontrary to law or rules and regulations of the department, orunsupported by substantial evidence on the record as a whole, orunreasonable.(3)Appeal to the superiorcourt shall be by petition which shall be filed in the clerk's officeof such court within 30 days after the final order or action of thedepartment; the petition shall set forth the names of the parties takingthe appeal, the order, rule, regulation, or decision appealed from, andthe reason it is claimed to be erroneous. The enforcement of the orderor action appealed from shall not be stayed until and unless so orderedand directed by the reviewing court. A reviewing court may order a stayonly if the court makes a finding that the public health, safety, andwelfare will not be harmed by the issuance of the stay. Upon the filingof such petition, the petitioner shall serve on the commissioner a copythereof in a manner prescribed by law for the service of process, unlesssuch service of process is waived. The review shall be conducted by thecourt without a jury and shall be confined to the record. In cases ofalleged irregularities in procedure before the department, not shown inthe record, proof thereon may be taken in the court. The court, uponrequest, shall hear oral argument and receive written briefs. The courtshall not substitute its judgment for that of the department as to theweight of the evidence on questions of fact. The court may affirm thedecision of the department or remand the case for further proceedings.The court may reverse or modify the decision if substantial rights ofthe appellant have been prejudiced because the administrative findings,inferences, conclusions, or decisions are:(A)In violation of constitutional or statutory provisions;(B)In excess of the statutory authority of the department;(C)Made upon unlawful procedure;(D)Affected by other error of law;(E)Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or(F)Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.(b)Uponperfection of the appeal as provided in subsection (a) of this Codesection, it shall be the duty of the agency whose order, rule,regulation, or decision is under review by the department to cause atranscript of all pleadings, orders, evidence, and other proceedingsincluding a copy of the appeal and motion for reconsideration, if any,filed with it to be transmitted to the department or the superior courtin not more than 30 days. For the proceedings not reported, the agencyor the department shall cause to be written out a narrative transcriptof all evidence and proceedings before it under certificate of itsdirector or examiner or other official conducting such hearings.
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  • O.C.G.A. 31-5-3 (2010)
    31-5-3. Appeals


    (a) (1) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the department may have review thereof by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.

    (2) Appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail or statutory overnight delivery is given to all parties and their counsel of record, at such times and places as are set forth in such notice; provided, however, if such appeal is not heard and determined within a period of 90 days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the department shall be confined to the record transmitted from below and the questions raised in the appeal. Orders, rules, regulations, or other decisions of county boards of health or other agencies of the department shall not be set aside on appeal to the department unless contrary to law or rules and regulations of the department, or unsupported by substantial evidence on the record as a whole, or unreasonable.

    (3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regulation, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. A reviewing court may order a stay only if the court makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in a manner prescribed by law for the service of process, unless such service of process is waived. The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the department, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. The court shall not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

    (A) In violation of constitutional or statutory provisions;

    (B) In excess of the statutory authority of the department;

    (C) Made upon unlawful procedure;

    (D) Affected by other error of law;

    (E) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

    (F) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

    (b) Upon perfection of the appeal as provided in subsection (a) of this Code section, it shall be the duty of the agency whose order, rule, regulation, or decision is under review by the department to cause a transcript of all pleadings, orders, evidence, and other proceedings including a copy of the appeal and motion for reconsideration, if any, filed with it to be transmitted to the department or the superior court in not more than 30 days. For the proceedings not reported, the agency or the department shall cause to be written out a narrative transcript of all evidence and proceedings before it under certificate of its director or examiner or other official conducting such hearings.

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