2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 40 - Real Estate Brokers and Salespersons
§ 43-40-26. Hearings Before Commission; Judicial Review

1. Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the commission, all such hearings shall be held in the county of domicile of the commission.
2. If any licensee or applicant fails to appear at any hearing after reasonable notice, the commission may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the commission in a disciplinary proceeding shall be served upon the licensee or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the commission. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such licensee or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the licensee or applicant.
3. Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission.

(Ga. L. 1925, p. 325, §§ 13, 14; Ga. L. 1929, p. 316, §§ 33, 34; Code 1933, §§ 84-1419, 84-1420, 84-1421; Ga. L. 1949, p. 943, §§ 4, 5; Code 1933, § 84-1422, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1984, p. 844, § 10; Ga. L. 2000, p. 1527, § 22; Ga. L. 2000, p. 1589, § 3; Ga. L. 2003, p. 370, § 16.)

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

License revocation not criminal proceeding.

- Proceeding and hearing before the Georgia Real Estate Commission brought under and heard pursuant to this section was not a criminal case, nor did order and judgment of commission suspending or revoking license of any real estate broker or salesperson on a hearing before the commission brought under this law have the effect of an order of a criminal or penal nature. Bickers v. Georgia Real Estate Comm'n, 89 Ga. App. 815, 81 S.E.2d 535 (1954).

- Questions involved in plaintiff's appeal from decision of Real Estate Commission were not made moot by expiration of plaintiff's license, and the court erred in dismissing an appeal on that ground. Leakey v. Georgia Real Estate Comm'n, 80 Ga. App. 272, 55 S.E.2d 818 (1949).