Title 34, Chapter 8, Section 223
( 34-8-223)
(a) Any decision of the board of review, in the absence of a reconsideration as provided in subsection (d) of Code Section 34-8-192, shall become final 15 days after the date of notification or mailing. Judicial review shall be permitted only after any party claiming to be aggrieved thereby has exhausted his or her administrative remedies as provided by this chapter. The Commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the Attorney General. (b) Within 15 days after the decision of the board of review has
become final, any party aggrieved thereby may secure judicial review
by filing a petition against the Commissioner in the superior court
of the county where the employee was last employed. In the event
the individual was last employed in another state, such appeal shall
be filed in Fulton County, Georgia. Any other party to the
proceeding before the board of review shall be made a respondent.
The petition, which need not be verified but which shall state
specifically the grounds upon which a review is sought, shall be
served upon the Commissioner or upon such person as the Commissioner
may designate, and such service shall be deemed completed service on
all parties, but there shall be left with the party so served as
many copies of the petition as there are respondents. The
Commissioner shall mail one such copy to each such respondent.
Within 30 days after the service of the petition, the Commissioner
shall certify and file with the superior court all documents and
papers and a transcript of all testimony taken in the matter,
together with the board of review's findings of fact and decision
therein. The Commissioner shall not be required to furnish any
person with a copy of the aforementioned documents, papers, or
transcripts or the original of these items prior to the
Commissioner's filing these items with the court. The Commissioner
may also, in his or her discretion, certify to such court questions
of law involved in any decision. As a guide for future
interpretation of the law, when the Commissioner is aggrieved by any
decision of the board of review or deems such decision contrary to
the law and no other party enters an appeal therefrom, the
Commissioner may, within 20 days after such decision has become
final, appeal and certify to the superior court questions of law
therein involved. The court shall consider and determine the same
and enter a decree accordingly, which shall be subject to further
appeal by the Commissioner. In any judicial proceeding under this
Code section, the findings of the board of review as to the facts,
if supported by evidence and in the absence of fraud, shall be
conclusive, and the jurisdiction of the court shall be confined to
questions of law. Such actions and the questions so certified shall
be heard in a summary manner and shall be given precedence over all
other civil cases except cases to which the state is a material
party and cases arising under Chapter 9 of this title. An appeal
may be taken from the decision of the superior court to the Court of
Appeals in the same manner as is provided in civil cases but not
inconsistent with this chapter. No bond shall be required for
entering an appeal. |