(a) Under these Rules, administrative
hearings before OSAH are available with regard to certain enforcement actions
taken by or decisions made by the Department. The availability of an
administrative hearing and the deadlines for seeking an administrative hearing
are controlled by the specific Rule addressing the action in
(b) If an administrative
hearing is available and is timely requested in accordance with the applicable
Rule, the Department shall initiate an administrative hearing before OSAH by
filing an "OSAH 1" form.
administrative law judge ("ALJ") shall be assigned by OSAH in accordance with
OSAH rules or operating procedures.
(d) Any issue, procedure, process, or other
matter related to administrative hearings that is not explicitly addressed in
these Rules shall be controlled by the rules of OSAH.
(e) After the ALJ hears the evidence at
hearing, the ALJ shall issue an administrative decision. The decision shall be
deemed entered when it is filed with the Clerk of OSAH, and shall be mailed to
all parties immediately upon entry.
(f) If no party or the Department seeks
review of the decision, it becomes final 30 days after entry of the
(g) If a party or the
Department is aggrieved by the administrative decision and has exhausted his or
her administrative remedies, the aggrieved party or the Department may file a
petition for judicial review under O.C.G.A. §
in either the superior court of his/her county of residence or in the Superior
Court of Fulton County, within 30 days of the entry of a decision by the ALJ.
NOTE: the procedure is slightly different for appealing an administrative
decision affirming a tax refund intercept based upon an existing civil support
order - an appeal of that type of action must be filed in the court that issued
or registered the underlying child support order. See O.C.G.A. §
(h) The petition for judicial review must be
served personally on the Commissioner in accordance with O.C.G.A. §
or service shall be deemed defective and the petition for judicial review may
be subject to dismissal by the court.
(i) As required by O.C.G.A. §
judicial review shall be conducted by the court without a jury and shall be
confined to the record made before the agency in accordance with the Georgia
Administrative Procedure Act. The Commissioner or his designee shall file the
administrative record with the court within 30 days of the Commissioner being
served with the petition for judicial review personally by second original as
required by law. The court shall not substitute its judgment for that of the
agency as to the weight of the evidence on questions of fact.
(j) Any appeal of the administrative decision
shall be limited solely to the issue of child support and shall exclude issues
of visitation, custody, property settlement or other similar matters otherwise
joinable by the parties.
Neither an ALJ nor a superior court may retroactively modify a child support
order nor eliminate arrearages accrued under a valid child support
Ga. Comp. R. & Regs.
Rule entitled "Suspension or Denial of Licenses" adopted. F.
Nov. 21, 1996; eff.
Repealed: New Rule entitled "Administrative Hearing
Procedures" adopted. F. June 15, 2011;
eff. July 5,
Amended: F. Sep. 11,
2018; eff. Oct. 1,