Rule 205-1-4-.08 - Judicial Review(1) A copy of any petition for judicial review brought by fire service personnel or an applicant shall be provided to the Office of State Administrative Hearings and the State Department of Law simultaneously with the service of the petition upon the Council. A petition for judicial review may be served upon the Council by personal service or certified mail delivered to the Executive Director of the Council.(2) Upon receipt of a petition, the Office of State Administrative Hearings shall compile and certify the record to the reviewing court on behalf of the Council.(3) Any initial decision of the Hearing Officer not consistent with the Council's initial action shall automatically be reviewed by the Council. Any review of an initial decision of the Hearing Officer shall be limited to the record. In the event either party wishes to present evidence outside of the record, a written request to present such evidence shall be filed at least ten (10) calendar days prior to Council review.(4) A description of the evidence shall accompany any request and the Council reserves the right to deny the presentation of additional evidence.(5) Pursuant to O.C.G.A. § 50-13-41(e)(3), any initial decision of the Hearing Officer which is consistent with the Council's initial action shall without further agency action become the final decision of the Council.(6) Once the Council has made its final decision, the affected party can seek judicial review as provided by O.C.G.A. §§ 15-13-19.Ga. Comp. R. & Regs. R. 205-1-4-.08
O.C.G.A. §§ 25-3-25, 25-4-7.
Original Rule entitled "Judicial Review" adopted. F. Nov. 19, 2015; eff. Jan. 1, 2016, as specified by the Agency.