Rule 350-4-.29 - Appeal of Administrative Law Judge's Decision(1) Any provider may petition for review of the Administrative Law Judge's decision within five (5) days from the date of that party's receipt of the decision. Such request shall be in writing and addressed to the Commissioner and shall state the legal or factual errors upon which the appeal is based.(2) If any party fails to request review within five (5) days of the date of receipt of the adverse decision, that party shall have waived its right to any further review or revision of that decision.(3) If a party requests a transcript of the proceedings, after receipt of the initial decision, that party will have an additional five (5) days from the date of receipt of the transcript in which to submit a written statement of legal or factual errors. However, a request for a transcript shall not in any manner lengthen the time [five (5) days from receipt of the decision] in which a request for review must be submitted.(4) The final decision by the Commissioner shall be made within thirty (30) days after receipt of the request for review and shall be accessible by the public, subject to requirements for safeguarding confidential information. The parties shall be notified in writing of the final decision and of the provider's right to judicial review. The final decision and notice to the provider shall state the effective date of the decision. Should the Commissioner fail to issue his decision within thirty (30) days from his receipt of a request for review, the Administrative Law Judge's Decision shall be deemed affirmed, and the provider may proceed to appeal pursuant to Rule 350-4-.30.Ga. Comp. R. & Regs. R. 350-4-.29
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Appeal of Administrative Law Judge's Decision" adopted as ER. 350-4-0.4-.29. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.