The difficult economic times and resulting budget cuts to many state agencies were evident in the reduced number of high-level administrative law cases brought before the courts during this survey period. It seems in tough times such litigation is often not pursued to the degree it is in a more comfortable economic climate. As the economy begins to recover, we will likely see an increase in the number and complexity of administrative law cases brought before the appellate courts.
This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2010 through May 31, 2011.1 The cases included in this Article were selected based on the concentration of administrative law principles in the opinions. One will be able to find specialized subject matters-some including administrative law principles-in other articles in this volume.
This Article begins with a discussion of judicial review of administrative decisions and exhaustion of administrative remedies. Next, the cases distinguish between discretionary and direct appeals. The Article then addresses statutory construction, procedures regarding administrative rules, and sovereign immunity. The last section provides an enumeration of legislation adding, subtracting, and dividing administrative agencies as passed during the 2011 regular session of the Georgia General Assembly.
Wilson, Martin M. and Blackburn, Jennifer A.
Mercer Law Review: Vol. 63:
1, Article 3.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol63/iss1/3