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GA HB790
Bill
Status
Passed
5/8/2018
Primary Sponsor
Chuck Efstration
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AI Summary
- Administrative law judges are granted authority to issue final decisions in contested cases by default, rather than merely recommended decisions, except for cases referred by designated "reviewing agencies" (constitutional boards/commissions, elected constitutional officers, or Governor-appointed licensing/regulatory boards)
- Agencies receiving a hearing request in a contested case must forward it to the Office of State Administrative Hearings (OSAH) within 30 days; failure to do so allows the requesting party to petition OSAH directly for permission to file
- Administrative law judges gain new enforcement and sanction powers, including the ability to impose civil penalties of $100 to $1,000 per violation for disobeying orders, improper conduct, or filing frivolous pleadings, with superior courts authorized to enforce these penalties
- Designated "reviewing agencies" retain the ability to treat an administrative law judge's decision as an initial (non-final) decision and must act to reject or modify it within 30 days (extendable up to two additional 30-day periods for compelling circumstances), or the decision is automatically affirmed by operation of law
- The definition of "agency" under Georgia's Administrative Procedure Act is updated to add the Board of Regents of the University System of Georgia to the list of entities excluded from the chapter's coverage
Legislative Description
State government; recommendations of the Court Reform Council; implement
Last Action
Effective Date
5/8/2018
Full Bill Text
No bill text available