Title 40, Chapter 9, Section 3
( 40-9-3)
(a) The commissioner shall administer and enforce this chapter and
is authorized to adopt and enforce rules and regulations necessary
for its administration. The commissioner shall prescribe and
provide suitable forms requisite or deemed necessary for the
purposes of this chapter, except that the form for accident reports
shall be prescribed by the commissioner of public safety. (b) The commissioner shall provide for hearings upon request of
persons aggrieved by orders or acts of the commissioner under this
chapter. Such hearings shall not be subject to the procedural
provisions of Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." (c) The commissioner is authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in Code Section 40-9-32. Except as provided in Code Section 40-9-32, a request for a hearing under this chapter shall not operate as a stay of any order or act of the commissioner. (d) The commissioner's decision as rendered at such hearing shall be
final unless the aggrieved person shall desire an appeal, in which
case he shall have the right to enter an appeal to the superior
court of the county of his residence or the Superior Court of Fulton
County by filing a complaint in the superior court, naming the
commissioner as defendant, within 30 days from the date the
commissioner enters his decision or order. The appellant shall not
be required to post any bond nor pay the costs in advance. If the
aggrieved person desires, the appeal may be heard by the judge at
term or in chambers or before a jury at the first term. The hearing
on the appeal shall be de novo. However, such appeal shall not act
as a supersedeas of any order or acts of the commissioner, nor shall
the appellant be allowed to operate or permit a motor vehicle to be
operated in violation of any suspension or revocation by the
commissioner while such appeal is pending. |