Ga. Comp. R. & Regs. 120-2-2-.46

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-2-.46 - Petitions for Review

1. Any party may file with the Department a petition for review within 30 days after issuance of the Adjudicator's decision. Two or more parties may join in the same petition.

2. A petition for review, no more than 2000 words, must be filed only upon one or more of the following grounds:

a. a finding of material fact is not supported by substantial evidence;

b. a necessary legal conclusion is erroneous;

c. the decision is contrary to law or to the duly promulgated rules or decisions of the Department;

d. a substantial question of law, policy, or discretion is involved; or

e. a prejudicial error of procedure was committed.

3. Each issue must be plainly and concisely stated and must be supported by citations to the administrative record when assignments of error are based on the administrative record, and by statutes, regulations, cases, or other principal authorities relied upon. Except for good cause shown, no assignment of error by any party may rely on any question of fact or law not presented to the Adjudicator.

4. A statement in opposition to the petition for review may be filed, within 15 days after the date on which petitions are due.

5. Review by the Commissioner is not a matter of right, but within the sound discretion of the Commissioner. A petition not granted within 30 days after the issuance of the Adjudicator's decision is deemed denied.

6. The Commissioner, at any time within 30 days after the issuance of the Adjudicator's decision, may review the decision on its own authority.

Ga. Comp. R. & Regs. R. 120-2-2-.46

O.C.G.A. §§ 33-2-9, 33-2-21et seq.

Original Rule entitled "Petitions for Review" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.