2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 8 - Appeals
§ 34-8-220. Appointment of Hearing Officers to Hear and Decide Appealed Decisions

1. The Commissioner shall appoint one or more impartial hearing officers to hear and decide appealed decisions.Each hearing officer shall be selected in accordance with Code Section 34-8-74.No person shall participate on behalf of the Commissioner in any case in which he or she is an interested party.
2. Unless an appeal is withdrawn, an administrative hearing officer, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and initial determination or shall make a decision after hearing on issues referred by the Commissioner pursuant to subsection (b) of Code Section 34-8-192.The parties shall be duly notified of such decision, together with the reasons therefor, which shall be deemed to be the final decision of the Commissioner, unless within 15 days after the date of notification or mailing of such decision further appeal is initiated pursuant to subsection (a) of Code Section 34-8-221.

(Code 1981, §34-8-220, enacted by Ga. L. 1991, p. 139, § 1.)

- For note discussing administrative records and reports of public employment agencies with emphasis on the critical role of the employer, and advocating a qualified, rather than absolute, privilege placed on confidential employer reports, see 11 Mercer L. Rev. 345 (1960).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-172, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

- In a determination of when the decision of a hearing officer becomes final, and the circumstances under which an appeal of such decision can be maintained, former § 34-8-173 and subsection (b) of former § 34-8-172 (see now O.C.G.A. § 34-8-220), being in pari materia, must be construed together. Holstein v. North Chem. Co., 194 Ga. App. 546, 390 S.E.2d 910 (1990) (decided under former § 34-8-172).

Assuming arguendo, appellant's appeal was not timely within the meaning of former § 34-8-173, the action of the Board of Review in accepting the appeal on its merits, being done within a reasonable time, was clearly within its express statutory powers. Holstein v. North Chem. Co., 194 Ga. App. 546, 390 S.E.2d 910 (1990) (decided under former § 34-8-172).

Cited in Dalton Brick & Tile Co. v. Huiet, 102 Ga. App. 221, 115 S.E.2d 748 (1960); Horton v. Huiet, 113 Ga. App. 166, 147 S.E.2d 669 (1966); Epps Air Serv., Inc. v. Lampkin, 125 Ga. App. 779, 189 S.E.2d 127 (1972); Phillips v. Caldwell, 144 Ga. App. 376, 241 S.E.2d 278 (1977); Caldwell v. Hospital Auth., 248 Ga. 887, 287 S.E.2d 15 (1982); Shields v. BellSouth Advertising & Publ'g Co., 228 F.3d 1284 (11th Cir. 2000).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 422 et seq. 76 Am. Jur. 2d, Unemployment Compensation, § 88 et seq.

- 73A C.J.S., Public Administrative Law and Procedure, § 366 et seq. 81A C.J.S., Social Security and Public Welfare, § 528 et seq.