Ga. Comp. R. & Regs. R. 350-4-.30 - Appeal of the Commissioner's Decision
(1) Any provider adversely affected by a final decision of the
Commissioner may have review thereof by appeal to the superior court in the
county of residence of the provider or to the Superior Court of Fulton County.
Such appeal shall be by petition which shall be filed in the clerk's office in
such court within thirty (30) days after the final decision of the
Commissioner. Such appeal shall be held in accordance with the "Administrative
Procedure Act," Official Code of Georgia Annotated, Title 50, Chapter 13. A
provider shall not appeal an adverse decision of the Commissioner to the
superior court of the county of residence of the provider or the Superior Court
of Fulton County unless the provider first exhausts the administrative remedies
within the Department.
(2) The petition shall set forth the names of parties making
the appeal, the decision being appealed, and the reason it is claimed to be
erroneous.
(3) Enforcement of the decision being appealed shall not be
stayed until and unless so ordered and directed by the reviewing court. Upon
filing such petition, the petitioner shall serve on the Commissioner a copy
thereof in the manner prescribed by law for service of process.
(4) Upon receipt of the appeal, the Commissioner shall transmit
a certified copy of the hearing Record and a copy of any appeal therefrom to
the superior court within thirty (30) days of receipt of the
appeal.
Notes
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