Official Code of Georgia Annotated
Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES
40-5-66. Appeals from decisions of department.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Except as provided in subsection (h) of Code Section 40-5-67.1, subsection (h) of Code Section 40-5-64, and subsection (g) of Code Section 40-5-64.1, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance.#
- (b)
If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the department while any such appeal is pending.#
History
Ga. L. 1937, p. 322, art. 4, § 11; Ga. L. 1943, p. 196, § 5; Ga. L. 1951, p. 598, § 8; Code 1933, § 68B-315, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2564, § 4; Ga. L. 2016, p. 323, § 2-4/HB 205; Ga. L. 2017, p. 774, § 40/HB 323.
Law reviews
For note on 1992 amendment of this Code section, see 9 Georgia St. U.L. Rev. 298 (1992).
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 t40-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, pages 651 to 652; merge action: carried; file SHA-256 991cd8c9db96.