Ga. Comp. R. & Regs. R. 391-3-23-.06 - Hearings and Appeals

(1) As used in this Code section, the term 'aggrieved or adversely affected' means a challenged action has caused or will cause persons injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the provisions of this chapter that the director is empowered to administer and enforce.

(2) Any person who is aggrieved or adversely affected by a decision or action of the director under this chapter shall, upon filing a petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the director, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

(3) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.

Notes

Ga. Comp. R. & Regs. R. 391-3-23-.06

O.C.G.A. § 12-17-1, et seq., as amended.

Original Rule entitled "Access to Property" adopted. F. Jun. 18, 1996; eff. July 8, 1996. Amended: New title "Hearings and Appeals." F. May 29, 2018; eff. June 18, 2018.