Title 12, Chapter 5, Section 244
( 12-5-244)
(a) Any person who is aggrieved or adversely affected by any order
or action of the committee 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.
The hearing before the administrative law judge shall be conducted
in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," and the rules and regulations adopted
by the board pursuant thereto. The decision of the administrative
law judge shall constitute the final decision of the board and any
party to the hearing, including the committee, shall have the right
of judicial review thereof in accordance with Chapter 13 of Title
50. (b) Where a local unit of government has, pursuant to this part,
granted, suspended, modified, extended, conditioned, or denied a
permit, any person aggrieved or adversely affected by such action
shall be afforded a right to administrative and judicial review of
such action. (c) Persons are "aggrieved or adversely affected" where the
challenged action has caused or will cause them injury in fact and
where the injury is to an interest within the zone of interests to
be protected or regulated by this part. In the event the committee
or local unit of government, as appropriate, 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 this issue before continuing with the hearing. The
burden of going forward with evidence on this issue shall rest with
the petitioner. |