Publication Date


Document Type

Survey Article


Agency decision makers continue to shape just about every facet of l.fe as we know it. This Article discusses the peculiar procedures for obtaining final agency decisions and the review of those decisions. The survey period for this Article is from June 1, 2004 through May 31, 2005. Only cases from the Georgia Supreme Court and Georgia Court of Appeals have been reviewed, and there has been no attempt to usurp the prerogative of other authors for this issue. Thus, although the subject matters may overlap, such areas as local government law, workers' compensation law, insurance law, and others are reserved for more specialized articles.

This Article begins by discussing a case on standing, followed by several cases on agency defenses and immunities. Next, the standards of review used to evaluate agency decisions are covered with cases including examples of evidentiary standards, the plain meaning of statutes, and agency deference. The next section charts the effects of agency actions with cases on the failure to follow agency rules and on the validity of rules. A section on whether a direct appeal or an application to appeal must be used for review by the appellate courts follows, and the final section covers recent legislation from the 2005 regular session of the Georgia General Assembly.