Title 43, Chapter 40, Section 26
( 43-40-26)
(a) Before the commission shall censure a licensee or before
revoking or suspending a license, it shall provide for a hearing for
such holder of a license in accordance with Chapter 13 of Title 50,
the "Georgia Administrative Procedure Act." (b) If any licensee or applicant fails to appear at any hearing
after reasonable notice, the commission may proceed to hear the
evidence against such licensee or applicant and take action as if
such licensee or applicant had been present. A notice of hearing,
initial or proposed decision, or final decision of the commission in
a disciplinary proceeding shall be served upon the licensee or
applicant by personal service or by certified mail or statutory
overnight delivery, return receipt requested, to the last known
address of record with the commission. If such material is returned
marked "unclaimed" or "refused" or is undeliverable and if the
licensee or applicant cannot, after diligent effort, be located, the
real estate commissioner shall be deemed to be the agent for such
licensee or applicant for the purposes of this Code section, and
service upon the real estate commissioner shall be deemed service
upon the licensee or applicant. (c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission. |