- Any party to a hearing before the administrative law judge may appeal any adverse final order of the administrative law judge by filing a petition for review in the Superior Court of Fulton County within 30 days of the issuance of the final order. The administrative law judge shall not be a named party. The administrator must be served with a copy of the petition for review. 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 administrative law judge, including the transcript of the hearing before the administrative law judge and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. 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.
- The court shall not substitute its judgment for that of the administrative law judge as to the weight of the evidence on questions of fact. The court may affirm a final order of the administrative law judge or remand the case for further proceedings. 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:
- In violation of constitutional or statutory provisions;
- In excess of the statutory authority of the agency;
- Made upon unlawful procedures;
- Affected by other error of law;
- Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
- Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
- Upon judicial review of any order of the administrator or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court in its discretion may award the prevailing party reasonable attorney’s fees and costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs only if the respondent prevails on all alleged violations in the order or of the conciliation agreement and upon a showing that the action is frivolous, unreasonable, or without foundation.
History. Code 1981, § 8-3-215 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 9; Ga. L. 2020, p. 603, § 6/HB 969.
The 2020 amendment, effective January 1, 2021, substituted “administrative law judge,” for “board of commissioners” in subsections (a) and (b); substituted “Superior Court of Fulton County” for “superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent” near the end of the first sentence of subsection (a); rewrote paragraph (b)(5), which read: “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”; and rewrote subsection (c), which read: “If, upon judicial review of any order of the board of commissioners 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. A prevailing respondent may be awarded court costs and reasonable attorney’s fees only upon a showing that the action is frivolous, unreasonable, or without foundation.”