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2006 Georgia Code - 40-9-3
40-9-3. (a) The commissioner shall administer and
enforce this chapter and is authorized to adopt and enforce rules
and regulations necessary for its administration. The commissioner
shall prescribe suitable forms requisite or deemed necessary for
the purposes of this chapter. (b) The commissioner shall provide for hearings
upon request of persons aggrieved by orders or acts of the
commissioner under this chapter. Such hearings shall not be subject
to the procedural provisions of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' (c) The commissioner is authorized to adopt and
enforce rules and regulations necessary for the administration of
such hearings, including but not limited to, hearings provided in
Code Section 40-9-32. Except as provided in Code Section 40-9-32, a
request for a hearing under this chapter shall not operate as a
stay of any order or act of the commissioner. (d) The commissioneŕs
decision as rendered at such hearing shall be final unless the
aggrieved person shall desire an appeal, in which case he or she
shall have the right to enter an appeal to the superior court of
the county of his or her residence or the Superior Court of Fulton
County by filing a complaint in the superior court, naming the
commissioner as defendant, within 30 days from the date the
commissioner enters his or her decision or order. The appellant
shall not be required to post any bond nor pay the costs in
advance. If the aggrieved person desires, the appeal may be heard
by the judge at term or in chambers or before a jury at the first
term. The hearing on the appeal shall be de novo. However, such
appeal shall not act as a supersedeas of any order or acts of the
commissioner, nor shall the appellant be allowed to operate or
permit a motor vehicle to be operated in violation of any
suspension or revocation by the commissioner while such appeal is
pending.
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