Title 31, Chapter 11, Section 36
( 31-11-36)
(a) Any license issued under this article may be suspended or
revoked for a failure of a licensee to comply and to maintain
compliance with this article or rules and regulations issued under
this article, but only after opportunity for a hearing as provided
in Article 1 of Chapter 5 of this title. (b) Any person who has exhausted all administrative remedies available within the department and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section. (c) Appeal to the superior court shall be by petition which shall be
filed in the clerk's office of such court within 30 days after the
final order or action of the department; the petition shall set
forth the names of the parties taking the appeal, the order, rule,
regulation, or decision appealed from, and the reason it is claimed
to be erroneous. The enforcement of the order or action appealed
from shall be automatically stayed upon the filing of such petition
unless the commissioner of human resources in his final order
certifies that his decision if stayed will harm the public health
and safety, in which case a reviewing court may order a stay only if
the court makes a finding that the public health and safety will not
be harmed by the issuance of the stay. Upon the filing of such
petition, the petitioner shall serve on the commissioner a copy
thereof in the manner prescribed by law for the service of process,
unless such service of process is waived. The appeal shall be an
appeal de novo to the superior court and the appealing party shall
have a right to a jury trial and all rights provided under Chapter
11 of Title 9, the "Georgia Civil Practice Act." The superior court
shall render a decision approving, setting aside, or modifying the
order or action appealed from. |