Title 12, Chapter 5, Section 283
( 12-5-283)
(a) There is created the Coastal Marshlands Protection Committee to
be composed of three members. The commissioner of natural resources
and two persons selected by the board shall be the members of this
committee. Both persons selected by the board shall be residents of
Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. The
committee shall issue all orders and shall grant, deny, revoke, and
amend all permits and leases provided for by this part. The members
of the committee shall be entitled to reimbursement of actual
expenses and mileage together with a per diem as set by the board to
be paid out of funds appropriated for use by the department. (b) 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 the 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. (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
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. (d) Any permit for minor alteration of the marshlands may be issued
by the commissioner based on the recommendations of staff, past
committee actions, and the results of public comments. The
commissioner may refer the application to the committee to decide on
permits for minor alterations that, in his judgment, should receive
broader consideration. A committee member may choose to have the
full committee decide on permit applications for minor alterations
that the member feels should receive broader consideration. |