Ga. Comp. R. & Regs. R. 350-4-.29 - Appeal of Administrative Law Judge's Decision
(1) Any provider may petition for review of the Administrative
Law Judge's decision within five (5) days from the date of that party's receipt
of the decision. Such request shall be in writing and addressed to the
Commissioner and shall state the legal or factual errors upon which the appeal
is based.
(2) If any party fails to request review within five (5) days
of the date of receipt of the adverse decision, that party shall have waived
its right to any further review or revision of that decision.
(3) If a party requests a transcript of the proceedings, after
receipt of the initial decision, that party will have an additional five (5)
days from the date of receipt of the transcript in which to submit a written
statement of legal or factual errors. However, a request for a transcript shall
not in any manner lengthen the time [five (5) days from receipt of the
decision] in which a request for review must be submitted.
(4) The final decision by the Commissioner shall be made within
thirty (30) days after receipt of the request for review and shall be
accessible by the public, subject to requirements for safeguarding confidential
information. The parties shall be notified in writing of the final decision and
of the provider's right to judicial review. The final decision and notice to
the provider shall state the effective date of the decision. Should the
Commissioner fail to issue his decision within thirty (30) days from his
receipt of a request for review, the Administrative Law Judge's Decision shall
be deemed affirmed, and the provider may proceed to appeal pursuant to Rule
350-4-.30.
Notes
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