Title 12, Chapter 3, Section 50.2
( 12-3-50.2)
(a)(1) The Division of Historic Preservation of the department
shall establish, maintain, and expand an inventory and register of
historic places in this state, which register shall be known as
the Georgia Register of Historic Places. Such register shall
include: (A) Historic property which is listed in the National Register
of Historic Places pursuant to the National Historic
Preservation Act (16 U.S.C. Section 470, et seq.); and (B) Historic property which is defined as districts, sites,
buildings, structures, or objects which possess integrity of
location, design, setting, materials, workmanship, feeling, and
association and which is determined to meet the criteria for
listing in the Georgia Register of Historic Places according to
the criteria outlined in regulations promulgated by the Board of
Natural Resources. (b) The Division of Historic Preservation of the Department of
Natural Resources shall be authorized to remove from the Georgia
Register of Historic Places any property which no longer qualifies
or meets the criteria for listing in such register. (c) The Department of Natural Resources shall provide an adequate
and qualified state historic preservation review board designated by
the state historic preservation officer. (d) Any person or entity may apply to the Division of Historic
Preservation of the department to have property included in the
Georgia Register of Historic Places. The Division of Historic
Preservation of the department shall receive evidence, make
investigations of such property, consult with other historic
preservation experts, and obtain the recommendations of the state
historic preservation review board to determine if such property
should be included in the Georgia Register of Historic Places. (e) Any person who is aggrieved or adversely affected by any order
or action of the department pursuant to this Code section shall,
upon 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 of Natural
Resources. 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 board 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." |