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- An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
- The order from which the appeal is taken;
- The ground upon which a reversal or modification of such order is sought; and
- A demand for a certified transcript of the record of such order.
- The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section.
- An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
- Upon receipt of such petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the clerk of the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the petitioner shall pay the reasonable costs of such transcript. Said petition for review and transcript of the record shall constitute petitioner’s complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court’s normal procedures.
- If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
History. Code 1981, § 44-3-146, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, § 10-14-22 , as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2022, p. 767, § 2-4/HB 916.
Delayed effective date.
Code Section 10-14-22 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version. See Editor’s note for applicability.
The 2022 amendment, effective July 1, 2023, redesignated subsection (a) as paragraph (a)(1); substituted “copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner” for “written notice of appeal signed by the appellant” in the introductory language of paragraph (a)(1); added paragraph (a)(2); and rewrote subsection (b), which read: “Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant’s complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court’s normal procedures.” See Editor’s note for applicability.
Editor’s notes.
Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.