Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 13. ADMINISTRATIVE PROCEDURE · Article 2. OFFICE OF STATE ADMINISTRATIVE HEARINGS

50-13-42. Applicability of article.

Active2 versions printed

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

Effective July 1, 2026.In force today: Effective July 1, 2026.

(a)
In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.#
(b)
This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section 50-13-41.#
(c)
This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Court in accordance with Chapter 5B of Title 15, the “Georgia Tax Court Act of 2025.”#

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, § 50-13-42, enacted by Ga. L. 1994, p. 1856, § 3; Ga. L. 1997, p. 844, § 5; Ga. L. 1999, p. 296, § 22; Ga. L. 2004, p. 598, § 3; Ga. L. 2009, p. 453, § 1-57/HB 228; Ga. L. 2012, p. 318, § 14/HB 100; Ga. L. 2018, p. 762, § 4/HB 790; Ga. L. 2024, p. 888, § 3-16/HB 1267, effective July 1, 2026.

Delayed effective date

Code Section 50-13-42 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.

Amendments

The 2024 amendment, effective July 1, 2026, substituted “Georgia Tax Court in accordance with Chapter 5B of Title 15, the ‘Georgia Tax Court Act of 2025.’” for “Georgia Tax Tribunal in accordance with Chapter 13A of this title.” at the end of subsection (c).

Editor's notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189, authorizing the establishment of the state-wide Georgia Tax Court, was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

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 t50-ch13-40-(v38a)-pdf.pdf, Volume V38A, 2021 edition, 2025 supplement, pages 20 to 21; merge action: replaced; file SHA-256 b16c9911bd37.

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

(a)
In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.#
(b)
This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section 50-13-41.#
(c)
This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of this title.#

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

Delayed effective date

Code Section 50-13-42 is set out twice in this Code. This version is effective until July 1, 2026. For version effective July 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 t50-ch13-40-(v38a)-pdf.pdf, Volume V38A, 2021 edition, 2025 supplement, pages 19 to 20; merge action: replaced; file SHA-256 b16c9911bd37.

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