Bill Text: GA SB229 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; prov.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2009-03-12 - Senate Third Read Lost [SB229 Detail]
Download: Georgia-2009-SB229-Comm_Sub.html
09 LC
25 5580S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to SB 229:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating
to general provisions relative to conservation and natural resources, so as to
change certain provisions relating to references to administrative law judge or
hearing officer, references to final decision of Board of Natural Resources, and
filing request for administrative review; to provide for deference by
administrative law judges when reviewing certain administrative orders or
actions; to provide an effective date; to provide for applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 12 of the Official Code of Georgia Annotated, relating to general
provisions relative to conservation and natural resources, is amended by
revising Code Section 12-1-2, relating to references to administrative law judge
or hearing officer, references to final decision of Board of Natural Resources,
and filing request for administrative review, as follows:
"12-1-2.
(a)
Any reference in this title to an administrative law judge or hearing officer
shall mean an administrative law judge appointed by the chief state
administrative law judge. The decision of an administrative law judge shall
constitute the final administrative decision in any matter, and any party to the
matter, including without limitation the department, the director of the
Environmental Protection Division,
the
Asbestos Licensing Board, and the Shore
Protection and Coastal Marshlands Protection Committees, shall have the right of
judicial review in accordance with Chapter 13 of Title 50.
(b)
Any reference in this title to a final decision of the Board of Natural
Resources shall mean a final administrative decision by an administrative law
judge.
(c)
Any request for administrative review by an administrative law judge shall be
filed with the decision maker or entity within the department whose decision is
to be reviewed.
(d)
In any administrative review of orders or actions of the department, the
director of the Environmental Protection Division, the Shore Protection
Committee, or the Coastal Marshlands Protection Committee, an administrative law
judge shall afford deference to the interpretation of laws or rules and
regulations and the exercise of discretion by such persons or entities regarding
laws or rules and regulations that this title directs them to administer and
enforce to the extent that those orders, actions, or interpretations are not
arbitrary or
capricious."
SECTION
2.
This
Act shall become effective on the first day of the month following the month in
which it is approved by the Governor or in which it becomes law without such
approval, and this Act shall apply to all administrative reviews requested on or
after such effective date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.