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Official Code of Georgia Annotated

Title 43. PROFESSIONS AND BUSINESSES · Chapter 17. CHARITABLE SOLICITATIONS

43-17-17. Appeals by petition for review.

Active2 versions printed

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

Effective July 1, 2023. See note.In force today: Effective July 1, 2023. See note.
  1. (a)

    An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:#

    1. (1)

      The order from which the appeal is taken;#

    2. (2)

      The ground upon which a reversal or modification of the order is sought; and#

    3. (3)

      A demand for a certified transcript of the record of the order.#

  2. (b)

    Upon receipt of the petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The petition for review and transcript of the record shall constitute appellant’s complaint. The complaint shall thereupon be entered on the trial calendar of the court.#

  3. (c)

    If the order of the Secretary of State shall be reversed, the reviewing court shall by its mandate specifically direct the Secretary of State as to any further action to be taken by the Secretary of State in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.#

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, § 43-17-17, enacted by Ga. L. 1988, p. 490, § 1; Ga. L. 2022, p. 767, § 2-34/HB 916.

Delayed effective date

Code Section 43-17-17 is set out twice in this Code. This version is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version. The 2022 amendment, effective July 1, 2023, substituted “copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner” for “written notice of appeal, signed by the appellant” in the introductory language of subsection (a); rewrote subsection (b), which read: “Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant, within five days after receipt of the transcript, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant’s complaint. The complaint shall thereupon be entered on the trial calendar of the court.”; and in subsection (c), substituted “the reviewing court” for “the court” and “any further action to be taken by the Secretary of State” for “his further action”. For applicability, see Editor’s notes.

Editor's notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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 t43-ch1-32-(v30)-2022-pdf.pdf, Volume V30, 2022 edition, pages 617 to 618; merge action: carried; file SHA-256 0e619b1f34e2.

Effective until July 1, 2023. See note.No longer in force as printed (Effective until July 1, 2023. See note.)
  1. (a)

    An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:#

    1. (1)

      The order from which the appeal is taken;#

    2. (2)

      The ground upon which a reversal or modification of the order is sought; and#

    3. (3)

      A demand for a certified transcript of the record of the order.#

  2. (b)

    Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant, within five days after receipt of the transcript, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant’s complaint. The complaint shall thereupon be entered on the trial calendar of the court.#

  3. (c)

    If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his further action in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.#

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, § 43-17-17, enacted by Ga. L. 1988, p. 490, § 1.

Delayed effective date

This Code section is effective until July 1, 2023. For version effective July 1, 2023, see the following version of this Code section.

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 t43-ch1-32-(v30)-2022-pdf.pdf, Volume V30, 2022 edition, pages 616 to 617; merge action: carried; file SHA-256 0e619b1f34e2.