reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 5 - GEORGIA COMMISSION ON WOMEN (§§ 50-12-80 — 50-12-85) › Section 50-12-82 - Powers and duties; cooperation with other agencies

(a)
The commission shall have the following powers and duties:
(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 security and tax laws as they affect women;
(C)
Women's health issues;
(D)
Political, legal, civil, property, and social rights of women; and
(E)
Employment policies in the public and private sector and their impact on the wage-earning capacity of women;
(2)
To collect and disseminate information regarding the status of women in the State of Georgia and the nation;
(3)
To review and analyze the laws of the State of Georgia and their impact on the lives of the women of this state;
(4)
To consult with and advise the Governor, and any state department, agency, board, commission, or authority on matters pertaining to women;
(5)
To cooperate with the government of the United States and the governments of other states in programs relating to women;
(6)
To promote, encourage, and provide advisory assistance to state, local, and community women's professional, business, and civic organizations;
(7)
To accept public or private grants, devises, and bequests; and
(8)
To hold public hearings, conduct studies, or take any other action the commission deems necessary to fulfill its responsibilities.
(b)
The commission shall be authorized to enter into all contracts or agreements necessary or incidental to the performance of its duties.
(c)
All executive departments, agencies, boards, commissions, and authorities shall cooperate with the commission in the performance of its duties.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 5 - GEORGIA COMMISSION ON WOMEN (§§ 50-12-80 — 50-12-85) › Section 50-12-83 - Reimbursement for expenses

The members of the commission shall be reimbursed for expenses incurred while conducting the business of the commission from public or private grants, devises, or bequests received by the commission.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 5 - GEORGIA COMMISSION ON WOMEN (§§ 50-12-80 — 50-12-85) › Section 50-12-84 - Annual report

The commission shall publish in print or electronically an annual report summarizing the activities, findings, and recommendations of the commission. The report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and all members of the Senate and the House of Representatives not later than November 1 of each year.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 6 - CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD (§§ 50-12-100 — 50-12-101) › Section 50-12-100 - Creation; composition; purpose; chairperson; voting

There is created the Constitutional Amendments Publication Board to be composed of the Governor, Lieutenant Governor, and the Speaker of the House of Representatives. The board shall provide for the publication of proposed constitutional amendments or of a proposed new Constitution, or of both such amendments and such Constitution, pursuant to Article X, Section I, Paragraph II of the Constitution. The Governor shall be chairman of the board, which shall meet upon the call of the chairman or upon the call of any two members of the board. The chairman shall have a vote on all actions the same as the other members of the board and no action shall be taken without the affirmative vote of any two members of the board.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 6 - CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD (§§ 50-12-100 — 50-12-101) › Section 50-12-101 - Duties; use of numbers by Secretary of State for election ballots

(a)
The Constitutional Amendments Publication Board shall assign to each proposed constitutional amendment and proposed new Constitution a number, which shall be used for the purpose of publishing the amendments and the Constitution.
(b)
The same number which shall be assigned by the board to each proposed amendment and new Constitution shall also be used by the Secretary of State when the Secretary of State shall determine the form of the ballot for each general election in which such proposals shall be submitted to the electors for ratification or rejection.
(c)
The board shall also assign to each proposed constitutional amendment a short title or heading of no more than 15 words that shall describe in summary form the substance of the proposal. The Secretary of State shall cause such short title or heading to be printed in boldface at the beginning of each proposed constitutional amendment that appears on the ballot.
Amended by 2002 Ga. Laws 462, § 50, eff. 4/18/2002.
Amended by 2001 Ga. Laws 166, §27, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 7 - [REPEALED] (§ 50-12-110) › Section 50-12-110 - through 50-12-112 - [Repealed]

Repealed and reserved by 2001 Ga. Laws 280, § 26, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 8 - GEORGIA COMMISSION ON THE HOLOCAUST (§§ 50-12-130 — 50-12-134) › Section 50-12-130 - Legislative findings and declarations

The General Assembly finds and declares that:
(1)
During the period from 1933 through 1945, six million Jews and millions of other Europeans were murdered in Nazi concentration camps as part of a carefully orchestrated program of cultural, social, and political genocide known as the Holocaust;
(2)
All people should remember the horrible atrocities committed at that time and other times in human history as the result of bigotry and tyranny and, therefore, should continually rededicate themselves to the principles of human rights and equal protection under the laws of a democratic society;
(3)
It is desirable to educate our citizens about the events leading up to the Holocaust and about the organizations and facilities that were created and used purposefully for the systematic destruction of human beings;
(4)
Holocaust history is the proper concern of all people, particularly students enrolled in the schools, colleges, and universities of the State of Georgia;
(5)
Programs, workshops, institutes, seminars, exhibits, and other teacher-training activities for the study of the Holocaust have taken place during recent years at various middle schools, high schools, colleges, and universities in this state; and
(6)
It is desirable to create a permanent state commission which, as an organized body and on a continuous basis, will survey, design, encourage, and promote implementation of Holocaust education and awareness programs in Georgia and will be responsible for organizing and promoting the memorialization of the Holocaust on a regular basis throughout the state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 8 - GEORGIA COMMISSION ON THE HOLOCAUST (§§ 50-12-130 — 50-12-134) › Section 50-12-132 - Duties

The commission shall:
(1)
Provide, based upon the collective knowledge and experience of its members, assistance and advice to public and private schools, colleges, and universities with respect to the implementation of Holocaust education and awareness programs;
(2)
Meet with appropriate education officials and other interested public and private organizations, including service organizations, for the purpose of providing information, planning, coordination, or modification of courses of study or programs dealing with the subject of the Holocaust;
(3)
Survey and catalogue the extent of Holocaust and genocide education presently being incorporated into the curricula and taught in the educational system of this state;
(4)
Inventory those Holocaust memorials, exhibits, and resources which could be incorporated into courses of study or programs at various locations and other educational agencies for the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Holocaust and genocide public or private nonprofit resource organizations and may act as a liaison concerning Holocaust and genocide education to members of the United States Senate and House of Representatives, the Georgia Senate and House of Representatives, the United States Holocaust Memorial Museum, and other national and international Holocaust agencies;
(5)
Compile a roster of individual volunteers who are willing to share their verifiable knowledge and experiences in classrooms, seminars, and workshops on the subject of the Holocaust. Such volunteers may be survivors of the Holocaust, liberators of concentration camps, scholars, members of the clergy, community relations professionals, and other persons who, by virtue of their experience, education, or interest, have experience with the Holocaust;
(6)
Coordinate events memorializing the Holocaust and seek volunteers who are willing and able to participate in commemorative events that will enhance public awareness of the significance of the Holocaust;
(7)
Prepare reports for the Governor and the General Assembly regarding its findings and recommendations to facilitate the inclusion of Holocaust studies and special programs memorializing the Holocaust in educational systems in this state; and
(8)
Appoint advisory committees to advise the commission on the fulfillment of its duties.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 8 - GEORGIA COMMISSION ON THE HOLOCAUST (§§ 50-12-130 — 50-12-134) › Section 50-12-133 - Authorization to solicit gifts; prohibited payments

The commission is authorized to solicit and accept donations, contributions, grants, bequests, gifts of money and property, facilities, or services, with or without consideration, from any person, firm, or corporation or from any state, county, municipal corporation, or local government or governing body to enable it to carry out its functions and purpose. The commission is prohibited from paying or compensating any member of the General Assembly, directly or indirectly, any amount in excess of expenses.
Added by 2001 Ga. Laws 270, § 1, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 8 - GEORGIA COMMISSION ON THE HOLOCAUST (§§ 50-12-130 — 50-12-134) › Section 50-12-134 - Holocaust Memorial established; private funding; design and placement

(a)
The Georgia Commission on the Holocaust shall design, procure, and place in a prominent location a Georgia Holocaust Memorial to recognize and commemorate the millions of people, including six million Jews, murdered by the Nazis and their collaborators before and during World War II. Such project shall be subject to the availability of private funds for such purpose.
(b)
The monument provided for in subsection (a) of this Code section shall be designed and placed by the commission.
Added by 2018 Ga. Laws 442,§ 2, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 12 - COMMISSIONS AND OTHER AGENCIES (§§ 50-12-1 — 50-12-140) › Article 9 - [REPEALED] WAR OF 1812 BICENTENNIAL COMMISSION (§ 50-12-140) › Section 50-12-140 - through 50-12-147 - [Repealed]

Added by 2008 Ga. Laws 690,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-1 - Short title; purpose

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 and regulation where expressly authorized by law or otherwise required by the Constitution or a statute of this state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-3 - Adoption of rules of organization and practice; public inspection and validity of rules, policies, orders, decisions, and opinions

(a)
In addition to other rule-making requirements imposed by law, each agency shall:
(1)
Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;
(2)
Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
(3)
Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and
(4)
Make available for public inspection all final orders, decisions, and opinions except those expressly made confidential or privileged by statute.
(b)
No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been published or made available for public inspection as required in this Code section. This provision is not applicable in favor of any person or party who has actual knowledge thereof.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-4.1 - Agency reporting on required regulation

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 duplication. A copy of such report shall be submitted to the Governor, Secretary of State, President of the Senate, Speaker of the House of Representatives, Secretary of the Senate, Clerk of the House of Representatives, and legislative counsel.
Added by 2012 Ga. Laws 638,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-5 - Filing of previously adopted rules

(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 agency prior to July 1, 1965, and which do not become effective until after July 1, 1965.
(b)
The copy of each rule shall contain a citation of the authority pursuant to which the rule was adopted.
(c)
The Secretary of State shall endorse on each copy the time and date of filing and shall maintain a record of the rules for public inspection.
(d)
Any rule made by an agency prior to July 1, 1965, shall be void and of no effect unless filed in accordance with subsections (a) through (c) of this Code section.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-6 - Rules not effective until 20 days after filed with Secretary of State; maintenance of record of the rules; exceptions; rules governing manner and form of filing

(a)
Each rule adopted after July 1, 1965, shall not become effective until the expiration of 20 days after the rule is filed in the office of the Secretary of State. Each rule so filed shall contain a citation of the authority pursuant to which it was adopted and, if an amendment, shall clearly identify the original rule.
(b)
The Secretary of State shall endorse on each rule thus filed the time and date of filing and shall maintain a record of the rules for public inspection.
(c)
The 20 day filing period is subject to the following exceptions:
(1)
Where a statute or the terms of the rule require a date which is later than the 20 day period, then the later date is the effective date; and
(2)
Any emergency rule adopted pursuant to subsection (b) of Code Section
50-13-4
may become effective immediately upon adoption or within a period of less than 20 days. The emergency rule, with a copy of the finding as required by subsection (b) of Code Section
50-13-4
, shall be filed with the office of the Secretary of State within four working days after its adoption.
(d)
The Secretary of State shall prescribe rules governing the manner and form in which regulations shall be prepared for filing. The Secretary may refuse to accept for filing any rule that does not conform to such requirements.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-7 - Secretary of State to publish compilation of rules and quarterly bulletin

(a)
The Secretary of State shall compile, index, and publish in print or electronically all rules adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as necessary and at least once every two years.
(b)
The Secretary of State shall publish in print or electronically a quarterly bulletin in which the Secretary of State shall set forth the text of all rules filed during the preceding quarter.
(c)
The Secretary of State, in his or her discretion, may omit rules from the bulletin or compilation if their publication would be unduly cumbersome, expensive, or otherwise inexpedient, provided that the omitted rules are made available in electronic, printed, or processed form on application to the adopting agency and that the bulletin or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained.
(d)
The official compilation, Rules and Regulations of the State of Georgia, and bulletins shall be made available upon request free of charge to the heads of all departments, bureaus, agencies, commissions, and boards of this state; members of the General Assembly; Justices of the Supreme Court, Judges of the Court of Appeals; judges, clerks, and district attorneys of the superior courts. The compilation and bulletins shall be made available upon request to other persons at a price fixed by the Secretary of State to cover publication and mailing costs.
(e)
The Secretary of State may engage the services of a privately operated editorial and publication firm experienced in the publication of annotated law books to compile, index, and publish such rules. The compilation shall conform in its arrangement as near as practicable to the Code of this state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-8 - Judicial notice of rules

The courts shall take judicial notice of any rule which has become effective pursuant to this chapter.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-9 - Petition for promulgation, amendment, or repeal of rule; agency response

An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within 30 days after submission of a petition, the agency either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings in accordance with Code Section
50-13-4
.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-10 - Declaratory judgment on validity of rules; venue for actions

(a)
The validity of any rule, waiver, or variance may be determined in an action for declaratory judgment when it is alleged that the rule, waiver, or variance or its threatened application interferes with or impairs the legal rights of the petitioner. A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule, waiver, or variance in question.
(b)
The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state. All actions for declaratory judgment, however, with respect to any rule, waiver, or variance of the Public Service Commission must be brought in the Superior Court of Fulton County.
(c)
Actions for declaratory judgment provided for in this Code section shall be in accordance with Chapter 4 of Title 9, relating to declaratory judgments.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-11 - Declaratory rulings by agencies

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, provided that nothing herein shall limit or impair the right of an agency to seek the opinion of the Attorney General on any question of law connected with the duties of the agency pursuant to Code Section
45-15-3
or any other applicable statutory or constitutional provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-12 - [Repealed] Department of Revenue to hold hearing when demanded by aggrieved taxpayer; election of remedies

Repealed and reserved by 2012 Ga. Laws 609,§ 12, eff. 1/1/2013.
See 2012 Ga. Laws 609, § 16.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-14 - Intervention in contested cases

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 permitted to intervene when a statute confers a conditional right to intervene or when the applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion, the agency shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of existing parties.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-15 - Rules of evidence in contested cases; official notice; conducting hearings by utilizing remote electronic communications

In contested cases:
(1)
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2)
Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state;
(3)
A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts;
(4)
Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence; and
(5)
Any hearing which is required or permitted hereunder may be conducted by utilizing remote electronic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing. In the administrative law judge's discretion, one or more witnesses may participate by remote electronic communications.
Amended by 2021 Ga. Laws 38,§ 1, eff. 4/29/2021.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-16 - Proposal for decision in contested cases; opportunity to file exceptions and present briefs and arguments

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this Code section.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-20 - Review of final judgment

An aggrieved party may obtain a review of any final judgment of the superior court under this chapter by the Court of Appeals or the Supreme Court, as provided by law. In contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision. In such cases, the superior court which considered the petition for judicial review or the Court of Appeals or the Supreme Court may order a stay only if such court makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-20.1 - Judicial review of final decision in contested case issued by administrative law judge

A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (c) of Code Section
50-13-41
shall be subject to judicial review in the same manner as provided in Code Section
50-13-19
except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter.
Amended by 2018 Ga. Laws 454,§ 2, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-21 - Compliance with filing and hearing requirements by Safety Fire Commissioner and Commissioner of Insurance

As to such regulations, standards, and plans as are required by law to be filed and kept on file with the office of the Secretary of State, the Commissioner of Insurance, when performing the duties as Safety Fire Commissioner, may comply with the filing requirements of this chapter by filing with the office of the Secretary of State merely the name and designation of such regulations, standards, and plans, provided the regulations, standards, and plans are kept on file in the office of the Commissioner of Insurance by the titles otherwise applicable under this chapter and the regulations, standards, and plans are open for public examination and copying. The Commissioner of Insurance, when performing the duties as Safety Fire Commissioner, may also satisfy the procedure for conduct of hearings on contested cases and rule making required under this chapter by following Chapter 2 of Title 33. The Commissioner of Insurance, when performing the duties as Commissioner of Insurance, may satisfy the procedure for conduct of hearings on contested cases required under this chapter by following Chapter 2 of Title 33. When the Commissioner of Insurance is performing rule-making duties as Commissioner of Insurance, he shall satisfy the procedures required under this chapter and under Chapter 2 of Title 33. In the event of any conflicts between rule-making procedures of this chapter and Chapter 2 of Title 33 as it respects duties of the Commissioner of Insurance, this chapter shall govern.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-22 - Construction of chapter

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; but this chapter shall be procedural. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this chapter through the issuance of rules or otherwise.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 1 - GENERAL PROVISIONS (§§ 50-13-1 — 50-13-23) › Section 50-13-23 - Determining date when documents received by or filed with agencies

Notwithstanding any provision of law to the contrary, any document required by law, rule, or regulation to be received by or filed with any agency pursuant to the requirements of this chapter shall be deemed to be received by or filed with such agency on the earlier of:
(1)
the date such document is actually received by such agency;
(2)
the official postmark date such document was mailed, properly addressed with postage prepaid, by registered or certified mail; or
(3)
the date on which such document was delivered to a commercial delivery company for statutory overnight delivery as provided in Code Section
9-10-12
as evidenced by the receipt provided by the commercial delivery company.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 2 - OFFICE OF STATE ADMINISTRATIVE HEARINGS (§§ 50-13-40 — 50-13-44) › Section 50-13-42 - [See Note] Applicability of article (§ 50-13-42) › 1

(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 Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.
(b)
This article shall apply to hearings conducted pursuant to Code Sections
45-20-8
and
45-20-9
. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section
50-13-41
.
(c)
This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of this title.
Amended by 2018 Ga. Laws 454,§ 4, eff. 5/8/2018.
Amended by 2012 Ga. Laws 609,§; 14, eff. 1/1/2013.
Amended by 2009 Ga. Laws 102,§; 1-57, eff. 7/1/2009.
Amended by 2004 Ga. Laws 554, §; 3, eff. 7/1/2004.
See 2012 Ga. Laws 609, §; 16.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 2 - OFFICE OF STATE ADMINISTRATIVE HEARINGS (§§ 50-13-40 — 50-13-44) › Section 50-13-42 - [See Note] Applicability of article (§ 50-13-42) › 2

(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 Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.
(b)
This article shall apply to hearings conducted pursuant to Code Sections
45-20-8
and
45-20-9
. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section
50-13-41
.
(c)
This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Court in accordance with Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025."
Amended by 2024 Ga. Laws 601,§ 3-16, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2018 Ga. Laws 454,§ 4, eff. 5/8/2018.
Amended by 2012 Ga. Laws 609,§; 14, eff. 1/1/2013.
Amended by 2009 Ga. Laws 102,§; 1-57, eff. 7/1/2009.
Amended by 2004 Ga. Laws 554, §; 3, eff. 7/1/2004.
See 2012 Ga. Laws 609, §; 16.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13 - ADMINISTRATIVE PROCEDURE (§§ 50-13-1 — 50-13-44) › Article 2 - OFFICE OF STATE ADMINISTRATIVE HEARINGS (§§ 50-13-40 — 50-13-44) › Section 50-13-43 - Agencies to cooperate with chief state administrative law judge; Office of State Administrative Hearings to comply with federal law; rules and regulations

All agencies shall cooperate with the chief state administrative law judge in the discharge of his or her duties. The Office of State Administrative Hearings shall comply with all applicable federal statutes, regulations, and guidelines, including those related to time frames for hearings, release of decisions, and other procedural requirements. The Office of State Administrative Hearings shall promulgate, when necessary for any class of hearings, specific rules and regulations in order to ensure compliance with federal requirements and receipt and retention of federal funding, tax credits, and grants.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-1 - [For Repeal, See Note] Short title

This chapter shall be known and may be cited as the "Georgia Tax Tribunal Act of 2012."
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-2 - [For Repeal, See Note] Role of agency

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 utilization of judicial resources by resolving tax cases in a more streamlined and efficient manner;
(2)
Increase the uniformity of decision making in tax cases;
(3)
Improve the equal access of all parties to court process; and
(4)
Increase public confidence in the fairness of the state tax system.
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-3 - [For Repeal, See Note] Application of definitions within Code Section 48-1-2; "tribunal" defined

Except where the context may otherwise clearly require, all terms used in this chapter shall have the meaning given such term by Code Section
48-1-2
. As used in this chapter, the term "tribunal" means the Georgia Tax Tribunal established by Code Section
50-13A-4
which shall be an independent and autonomous division within the Office of State Administrative Hearings operating under the sole direction of the chief tribunal judge.
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-4 - [For Repeal, See Note] Creation of tax tribunal; seal

(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 the General Assembly to the Department of Administrative Services.
(b)
The tribunal shall have a seal engraved with the words "Georgia Tax Tribunal." The tribunal shall authenticate all of its orders, records, and proceedings with the seal, and the courts of this state shall take judicial notice of the seal.
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-6 - [For Repeal, See Note] Qualification and terms of tribunal judges; oath; role

(a)
Each judge of the tribunal shall be a citizen of the United States and, during the period of service, a resident of this state. No person shall be appointed as a tribunal judge unless at the time of appointment the individual is an attorney licensed to practice in this state and has practiced primarily in the area of tax law for at least eight years.
(b)
Before entering upon the duties of office, each tribunal judge shall take and subscribe to an oath or affirmation that he or she shall faithfully discharge the duties of the office, and such oath shall be filed in the office of the Secretary of State.
(c)
Each tribunal judge shall devote his or her full time during business hours to the duties of the tribunal. A tribunal judge shall not engage in any other gainful employment or business that interferes with or is inconsistent with his or her duties as a judge and shall not hold another office or position of profit in a government of this state, any other state, or the United States.
(d)
If a tribunal judge does not have a full docket of tax cases, the chief tribunal judge may, acting in his or her sole discretion, petition the chief administrative law judge of the Office of State Administrative Hearings to allow such tribunal judge to hear and resolve nontax cases pending before the Office of State Administrative Hearings. The chief tribunal judge, the chief administrative law judge of the Office of State Administrative Hearings, and the tribunal judge in question shall mutually agree upon the number and types of such cases, taking into account the particular judge's background and qualifications.
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 13A - GEORGIA TAX TRIBUNAL ACT OF 2012 (§§ 50-13A-1 — 50-13A-20) › Section 50-13A-7 - [For Repeal, See Note] Location of office; conduct of hearings at other locations

(a)
The tribunal's principal location shall be located in Fulton County, Georgia, and in a building that is separate and apart from any building in which the commissioner has an office.
(b)
The tribunal may, but shall not be required to, conduct hearings at its principal location in Fulton County. The tribunal may also hold hearings at any place within this state, with a view toward securing to taxpayers a reasonable opportunity to appear before the tribunal with as little inconvenience and expense as practicable. When the tribunal holds hearings outside of its principal location, it shall do so in a place that is physically separate from facilities regularly occupied by the commissioner.
Repealed by 2024 Ga. Laws 601,§ 1-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2012 Ga. Laws 609,§ 15, eff. 7/1/2012, and applicable to all proceedings commenced on or after 1/1/2013.