Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 34. LABOR AND INDUSTRIAL RELATIONS · Chapter 8. EMPLOYMENT SECURITY · Article 8. APPEALS

34-8-221. Review of decision of hearing officer by board of review.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective January 1, 2026.In force today: Effective January 1, 2026.
  1. (a)

    The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall become final 15 days after the issue date printed on the decision.#

  2. (b)

    The board of review may, in its discretion and on its own motion, reconsider its decision at any time within 15 days from the issue date printed on the decision. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board.#

  3. (c)

    The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated.#

  4. (d)

    In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed.#

  5. (e)

    The Commissioner shall provide the board of review and the office of administrative appeals with proper facilities and assistants for the execution of their functions.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 34-8-221, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2014, p. 730, § 5/HB 714; Ga. L. 2025, p. 747, § 4/SB 191, effective January 1, 2026.

Delayed effective date

Code Section 34-8-221 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.

Amendments

The 2025 amendment, effective January 1, 2026, in subsection (a), substituted “15 days after the issue date printed on the decision” for “15 days from the date the decision is mailed to the parties” at the end of the last sentence; and, in subsection (b), substituted “15 days from the issue date printed on the decision” for “15 days from the date the decision is mailed to the parties” at the end of the first sentence.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t34-(v26)-pdf.pdf, Volume V26, 2017 edition, 2025 supplement, pages 87 to 88; merge action: replaced; file SHA-256 fbb5a8d0f75f.

Effective until January 1, 2026.No longer in force as printed (Effective until January 1, 2026.)
  1. (a)

    The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall become final 15 days from the date the decision is mailed to the parties.#

  2. (b)

    The board of review may, in its discretion and on its own motion, reconsider its decision at any time within 15 days from the date the decision is mailed to the parties. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board.#

  3. (c)

    The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated.#

  4. (d)

    In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed.#

  5. (e)

    The Commissioner shall provide the board of review and the office of administrative appeals with proper facilities and assistants for the execution of their functions.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 34-8-221, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2014, p. 730, § 5/HB 714.

Delayed effective date

Code Section 34-8-221 is set out twice in this Code. This version is effective until January 1, 2026. For version effective January 1, 2026, see the following version.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t34-(v26)-pdf.pdf, Volume V26, 2017 edition, 2025 supplement, pages 86 to 87; merge action: replaced; file SHA-256 fbb5a8d0f75f.