Rule 350-4-.30 - Appeal of the Commissioner's Decision(1) Any provider adversely affected by a final decision of the Commissioner may have review thereof by appeal to the superior court in the county of residence of the provider or to the Superior Court of Fulton County. Such appeal shall be by petition which shall be filed in the clerk's office in such court within thirty (30) days after the final decision of the Commissioner. Such appeal shall be held in accordance with the "Administrative Procedure Act," Official Code of Georgia Annotated, Title 50, Chapter 13. A provider shall not appeal an adverse decision of the Commissioner to the superior court of the county of residence of the provider or the Superior Court of Fulton County unless the provider first exhausts the administrative remedies within the Department.(2) The petition shall set forth the names of parties making the appeal, the decision being appealed, and the reason it is claimed to be erroneous.(3) Enforcement of the decision being appealed shall not be stayed until and unless so ordered and directed by the reviewing court. Upon filing such petition, the petitioner shall serve on the Commissioner a copy thereof in the manner prescribed by law for service of process.(4) Upon receipt of the appeal, the Commissioner shall transmit a certified copy of the hearing Record and a copy of any appeal therefrom to the superior court within thirty (30) days of receipt of the appeal.Ga. Comp. R. & Regs. R. 350-4-.30
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Appeal of the Commissioner's Decision" adopted as ER. 350-4-0.4-.30. 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Repealed: Permanent Rule of same title adopted.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.