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Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 27. LOTTERY FOR EDUCATION · Article 1. GENERAL PROVISIONS

50-27-31. Appeals from actions of board.

Active

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

  1. (a)

    Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the board may appeal that decision to the Superior Court of Fulton County.#

  2. (b)

    The Superior Court of Fulton County shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be:#

    1. (1)

      Clearly erroneous;#

    2. (2)

      Arbitrary and capricious;#

    3. (3)

      Procured by fraud;#

    4. (4)

      A result of substantial misconduct by the board; or#

    5. (5)

      Contrary to the United States Constitution or the Constitution of Georgia or the provisions of this chapter.#

  3. (c)

    The superior court may remand an appeal to the board to conduct further hearings.#

  4. (d)

    Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system, or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld. Cost of appeal and defense shall specifically include but not be limited to court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous.#

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, § 50-27-31, enacted by Ga. L. 1992, p. 3173, § 2.

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)-2021-pdf.pdf, Volume V38A, 2021 edition, pages 620 to 621; merge action: carried; file SHA-256 1cacff3315fb.