2022 Georgia Code
Title 50 - State Government
Chapter 27 - Lottery for Education
Article 3 - Bona Fide Coin Operated Amusement Machines
Part 1 - General Provisions
§ 50-27-76. Judicial Review of Action by Corporation or Chief Executive Officer

Universal Citation: GA Code § 50-27-76 (2022)
  1. Appeal by an affected person from all actions of the corporation or chief executive officer shall be to the Superior Court of Fulton County. The review shall be conducted by the court and shall be confined to the record.
  2. The court shall not substitute its judgment for that of the corporation or chief executive officer as to the weight of the evidence on questions of fact committed to the discretion of the corporation or chief executive officer. The court may affirm the decision of the corporation or chief executive officer 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 corporation’s or chief executive officer’s findings, inferences, conclusions, or decisions are:
    1. In violation of constitutional or statutory provisions;
    2. In excess of the statutory authority of the corporation or chief executive officer;
    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.

History. Code 1981, § 48-17-7, enacted by Ga. L. 1992, p. 1521, § 3; Code 1981, § 50-27-76 , as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487.

Editor’s notes.

Ga. L. 2013, p. 37, § 3-1/HB 487, not codified by the General Assembly, provides, in part, that: “(b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law.

“(c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited.” As of May 2022, no such decision has been issued.

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