§ 48-17-7 - Judicial review of action by commissioner - Georgia Statutes

O.C.G.A. 48-17-7 (2010)
48-17-7. Judicial review of action by commissioner

(a) Appeal by an affected person from all actions of the commissioner shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been taken by the commissioner. The review shall be conducted by the court and shall be confined to the record.

(b) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence on questions of fact committed to the discretion of the commissioner. The court may affirm the decision of the commissioner in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the commissioner;

(3) Made upon unlawful procedures;

(4) Affected by other error of law;

(5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.