45-19-39. Appeal to superior court.

Any party to a hearing before a hearing officer or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a hearing officer or the final order of dismissal of the complaint by the administrator by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent within 30 days of the issuance of the final order. Neither the administrator nor the hearing officer shall be a named party; however, the administrator shall be served with a copy of the petition for review. For an appeal seeking the review of a final order by the hearing officer, within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the hearing officer, including the transcript of the hearing before the hearing officer and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For an appeal seeking the review of the dismissal of a complaint by the administrator, within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the entire record. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that, if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. An individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 shall not have the authority to represent the complainant in any appeal to superior court of a final order of the hearing officer or in any proceeding in any court, except to secure judicial enforcement of preliminary procedural orders of a hearing officer.#

The court shall not substitute its judgment for that of the hearing officer or the administrator as to the weight of the evidence on questions of fact. The court may affirm a final order of the hearing officer or the administrator or remand the case for further proceedings. Upon review of a final order of the hearing officer or the administrator, the court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:#

1. (1)

   In violation of constitutional or statutory provisions;#

2. (2)

   In excess of the statutory authority of the agency;#

3. (3)

   Made upon unlawful procedures;#

4. (4)

   Affected by other error of law;#

5. (5)

   Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or#

6. (6)

   Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.#

If, upon judicial review of any order of a hearing officer or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney’s fees and costs of litigation in the superior court to the complainant.#