Title 48, Chapter 17, Section 7
( 48-17-7)
(a) Appeal by an affected person from all actions of the
commissioner shall be to the Superior Court of Fulton County or the
superior court where the owner has the machines located at the time
that the action has been taken by the commissioner. The review
shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the
commissioner as to the weight of the evidence on questions of fact
committed to the discretion of the commissioner. The court may
affirm the decision of the commissioner in whole or in part; the
court shall reverse or remand the case for further proceedings if
substantial rights of the appellant have been prejudiced because the
commissioner's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of
the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion. |