07 LC
25 4678
House
Bill 598
By:
Representatives Burns of the
157th,
McCall of the
30th,
Roberts of the
154th,
England of the
108th,
and James of the
135th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating
to administrative authority of the Commissioner of Agriculture, hearings for
individuals adversely affected by decisions of the Commissioner, penalties,
initial and final decisions, and judicial review, so as to change certain
provisions relating to initial and final decisions; to change certain provisions
relating to reconsideration of decisions; to provide for timely judicial review;
to provide for affirmation of decisions by operation of law in certain cases; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to
administrative authority of the Commissioner of Agriculture, hearings for
individuals adversely affected by decisions of the Commissioner, penalties,
initial and final decisions, and judicial review, is amended by revising
subsections (l), (m), and (p) as follows:
"(l)(1)
The final decision shall be in writing, and if an initial decision is modified,
the Commissioner shall give his or her reasons therefor in the form of findings
of fact and conclusions of law, separately stated, along with the effective date
of the final decision. If the Commissioner does not issue a final decision
within 30 days
after the
filing of an application for final agency review, then, notwithstanding any
extension of time to render a decision under paragraph (4) of this
subsection, the initial decision shall be
deemed final without need of further proceedings.
Further,
once the initial decision is final, and a party´s right to judicial review
shall be extinguished.
(2)
The
Commissioner´s decision must be rendered not later than 30 days following
the date the initial decision was issued
Reserved.
(3)
The Commissioner may modify sanctions after review of an initial decision on
appeal, stating the sanctions in the final decision. The Commissioner shall not
have to make separate findings of fact to justify modified
sanctions.
(4)
The period of decision may be extended due to complexity of issues or volume of
record materials. All parties involved shall be notified of any extension. A
decision shall be rendered as soon as
practicable,
subject to the provisions of paragraph (1) of this
subsection.
(5)
The Commissioner shall serve on the:
(A)
Opposing party;
(B)
Opposing party´s counsel;
(C)
Agency counsel; and
(D)
Original hearing officer
any
resulting decision or notify the above parties if there is no change to the
initial decision along with a statement of rights on appeal to the opposing
party and counsel within 30 days of any such decision.
(m)(1)
A party, or the Commissioner on his or her own motion, may seek
There shall be
no reconsideration by the Commissioner of
a final agency decision.
(2)
A party´s written request for reconsideration must be submitted to the
Commissioner within ten days of service of the final decision. The request shall
include a short and plain statement of:
(A)
All matters alleged to have been erroneously decided; and
(B)
Any newly discovered factual matters and the reasons why any matters were not
raised previously.
(3)
Opposing parties may submit statements in response within 20 days of service of
the request of the consideration.
(4)
All requests for reconsideration and statements in opposition shall be served on
all parties and the Commissioner.
(5)
If the final agency decision is modified, the Commissioner shall give his or her
reasons therefor in the form of findings of fact and conclusions of law along
with the effective date of the decision.
(6)
The Commissioner´s decision shall be rendered within 30 days following the
latest filing deadline."
"(p)(1)
If a judicial review of the Commissioner´s final decision is sought in
accordance with Code Section 50-13-19, and the matter involves the impoundment
of equines under Chapter 13 of Title 4, the 'Georgia Humane Care for Equines
Act,' the Commissioner shall, along with his or her answer to the petition,
include a statement of the costs incurred in the impoundment and care of the
impounded animal or animals and an estimate of the future costs expected to be
incurred in the care of the impounded animal or animals. The judge of the
superior court may then require the petitioner to submit a surety bond to the
court in an amount necessary to provide for the reasonable costs of care for the
impounded animal or animals. In lieu of a surety bond, the court may accept a
cash bond or property bond, which shall in all respects be subject to the same
claims and actions as would exist against a surety bond.
(2)
Upon the entering of a final adverse decision against an aggrieved party by the
superior court, the Commissioner shall within 15 days deliver to the court and
to the aggrieved party a statement of the costs incurred in the impoundment and
care of the impounded animal or animals. The aggrieved party shall then render
payment of such costs to the Commissioner within 15 days after the service of
the statement of the costs. If the aggrieved party fails to render payment to
the Commissioner within the time period required in this paragraph, the
Commissioner may commence and maintain an action against the principal and
surety on the bond of the aggrieved party as in any civil action.
(3)(A)
If judicial review of the Commissioner´s final decision is sought in
accordance with Code Section 50-13-19, then the superior court in which the
petition for review was filed shall:
(i)
Hear the case within 90 days after the date such petition was filed with the
court, unless a hearing scheduled to be held within such period was continued to
a later date certain by order of the court; and
(ii)
Enter an order disposing of the issues presented for review within 30 days after
the date of the hearing.
(B)
If either of the requirements of subparagraph (A) of this paragraph is not met,
the final agency decision shall be affirmed by operation of
law."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.