(a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution’s authorization to operate and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section.
(b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final.
(c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall within 30 days fix the time and place for a hearing by the commission and shall notify the aggrieved party thereof.
(d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The commission as a whole may conduct such hearing and render a decision or the commission may appoint a hearing officer to conduct such hearing and render a decision on behalf of the commission. Such hearing officer may be a member of the commission or any other person, other than the executive director or his or her staff, as designated by the commission. The commission by rules and regulations shall provide for the rules of evidence and order and procedure which is to be followed for such hearings. Any member of the commission may participate in such hearing pursuant to this part except where a clear conflict of interest may be designated.
(e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters presented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
HISTORY: Code 1981, § 20-3-250.15, enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. 2015, p. 83, § 8/HB 353; Ga. L. 2022, p. 378, § 13/SB 333.
NOTES: THE 2015 AMENDMENT, effective July 1, 2015, in subsection (c), inserted “within 30 days”, and deleted “within 30 days” following “by the commission” near the end; and, in subsection (d), added the second through fifth sentences, and deleted the former last two sentences, which read: “The hearing shall be conducted in accordance with Chapter 13 of Title 50, the ‘Georgia Administrative Procedure Act.’ Any member of the commission may preside except where a clear conflict of interest may be demonstrated.”
The 2022 amendment, effective July 1, 2022, in subsection (a), substituted “operate” for “operate or of an agent’s permit” and for “operate or an agent’s permit”.