Find Laws Find Lawyers Free Legal Forms USA State Laws

GEORGIA STATUTES AND CODES

§ 31-8-125 - Administrative hearings

O.C.G.A. 31-8-125 (2010)
31-8-125. Administrative hearings


(a) Any resident, guardian, or representative who believes his rights under Code Section 31-8-107, paragraph (3) of subsection (b) of Code Section 31-8-108, Code Section 31-8-109, paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-112, Code Section 31-8-116, Code Section 31-8-117, or Code Section 31-8-120 have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The department is authorized to hold such hearings and, in the case of an appeal of a decision of a referee, the department may hold such hearings by review of the record.

(b) The hearing shall be conducted within 45 days of the receipt by the department of the request for a hearing. Except where the state or community ombudsman has already been involved in the matter at issue, the department may refer the complaint to the state or community ombudsman for informal resolution pending the hearing.

(c) Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will relieve or reduce or except in case of nonpayment, no transfer shall take place until all appeal rights are exhausted.

(d) The department shall hold such hearings at the facility upon the resident's request or as necessary due to the resident's medical condition. Where residents of a facility allege a common complaint, the department may at the residents' request schedule a single hearing.

(e) If the department finds no violations of this article, the resident and facility will be so informed. If a violation has occurred, the department shall order the facility to correct such violation; and, upon failure to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-8-126.

Georgia Forms by Issue

Georgia Abortion Forms
Georgia Children/Juvenile Forms
Georgia Court Forms
> Magistrate
Georgia Family Forms
Georgia Name Change Forms
Georgia Tax Forms

Georgia Law

Georgia State Laws
    > Georgia Child Support
    > Georgia Gun Laws
    > Georgia Statutes
Georgia Court
    > Furman v. Georgia
    > Gregg v. Georgia
    > Worcester v. Georgia
Georgia State
    > Georgia Counties
Georgia Tax
    > Georgia State Tax
Georgia Labor Laws
    > Georgia Unemployment
Georgia Agencies
    > Better Business Bureau Georgia
    > Georgia Department of Corrections
    > Georgia Department of Education
    > Georgia Department of Labor
    > Georgia Department of Revenue
    > Georgia DMV
    > Georgia Real Estate Commission
    > Georgia Secretary of State
    > Georgia Secretary of State Corporation

Georgia Court Map

Tips