17-22-6. Hearings; compensation determinations; appeals; release and waiver requirement.

Upon receiving a claim under this chapter filed and served in accordance with Code Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days, designate an administrative law judge to adjudicate the claim and notify the claimant, the Attorney General, and the prosecuting district attorney of such designation.#

Any such administrative law judge shall, within 180 days of being designated to adjudicate the claim, hold a hearing to determine if the claimant is eligible for compensation under this chapter, and if so, the amount of compensation to be awarded. The Attorney General and the prosecuting district attorney shall be entitled to file, within 30 days of such administrative law judge being designated to adjudicate the claim, a response in opposition to the claim and appear at the hearing for the purpose of contesting the claim.#

At a hearing held pursuant to subsection (b) of this Code section on a claim filed under this chapter, the claimant, the Attorney General, or the prosecuting district attorney may present evidence in support of or in opposition to the claimant’s eligibility for compensation under this chapter or regarding the amount of compensation that the claimant is entitled to pursuant to Code Section 17-22-7. The rules of evidence established in Code Section 50-13-15 shall apply in any such hearing held.#

Within 30 days of holding a hearing under subsection (b) of this Code section, the administrative law judge shall issue a decision on the claimant’s eligibility for compensation under this chapter and the amount of compensation to be awarded under Code Section 17-22-7, if any, which shall include a statement of the administrative law judge’s findings and an explanation of the administrative law judge’s calculation of any such compensation to be awarded. Within 30 days after the administrative law judge has issued such decision, the claimant, the Attorney General, or the prosecuting district attorney may appeal such decision by filing, in accordance with the provisions of Chapter 3 of Title 5, a petition for review in the Superior Court of Fulton County or in the superior court of the county in which the claimant was prosecuted for the crime or crimes leading to the wrongful conviction and incarceration, provided that such appeal shall be without a jury, shall be confined to the record, and nothing in this chapter shall preclude the appeal of any decision or order issued by such superior court during or upon the completion of its review of the decision issued by the administrative law judge. If no such appeal of the administrative law judge’s decision is timely filed, such decision shall become final and the administrative law judge shall, subject to the limitation provided in subsection (e) of this Code section, issue a judgment either awarding compensation to the claimant or denying the claim. If such an appeal of the administrative law judge’s decision is filed, the administrative law judge shall only issue a judgment when such appeal process is completed in accordance with any orders of the reviewing court. The issuance of a judgment after completion of such appeal process shall be subject to the limitation provided in subsection (e) of this Code section.#

No claimant shall be entitled to compensation under this chapter, and no judgment awarding compensation to a claimant under this chapter shall be issued by an administrative law judge under subsection (d) of this Code section, unless and until the claimant has executed and filed with the Office of State Administrative Hearings a release and waiver, in a form and manner as the Office of State Administrative Hearings shall prescribe in consultation with the Department of Administrative Services, that releases, satisfies, acquits, and forever discharges any and all claims, demands, actions, causes of action, and damages, of every kind and nature whatsoever, past, present, or future, whether known or unknown, asserted or unasserted, that the claimant has or may claim to have against the state, any state governmental entity, or any current or former members, officers, employees, or agents of the state or any state governmental entity that arise out of or relate to any and all facts in connection with the claimant’s wrongful conviction and incarceration. Nothing in this subsection shall be construed to require a claimant to release any claims, demands, actions, causes of action, or damages that the claimant may have or claim to have against any political subdivision of this state or any current or former members, officers, employees, or agents of any political subdivision of this state.#