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To: SvenMagnussen

“LorenC mentioned a GA statute, but didn’t identify it.

“Here’s the statute for an appeal of a GA administrative hearing:

“O.C.G.A. 50-13-13 (2010) 50-13-13. Opportunity for hearing in contested cases; notice; counsel; subpoenas; record; enforcement powers; revenue cases”

The statute above, when searched, comes up as the hearing statute under which Malihi heard the eligibility challenge to Barry. It is NOT an APPEALS statute, IIUC:

http://law.justia.com/codes/georgia/2010/title-50/chapter-13/article-1/50-13-13/

2010 Georgia Code
TITLE 50 - STATE GOVERNMENT
CHAPTER 13 - ADMINISTRATIVE PROCEDURE
ARTICLE 1 - GENERAL PROVISIONS
§ 50-13-13 - Opportunity for hearing in contested cases; notice; counsel; subpoenas; record; enforcement powers; revenue cases


40 posted on 02/04/2012 7:05:33 PM PST by Seizethecarp
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To: SvenMagnussen; LucyT; Red Steel; rxsid; Kenny Bunk; philman_36; Danae; butterdezillion; David
ping to the GA case law and statute that will guide the GA Superior Court when the appeal of the (pending) Kemp ruling is made...according what the FogBowers legal brains are telling their team: "...the Handel opinion conveniently lays out the applicable standard of judicial review: http://alt.cimedia.com/ajc/pdf/polinsider/supremepowell.pdf Quote: OCGA § 21-2-5(e) provides the standard of review a superior court is to employ when reviewing a decision by the Secretary of State on a challenge to a candidate’s qualifications. …OCGA § 21-2-5(e) directs the superior court to not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusion, or decisions of the Secretary of State are:

(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; (6) Arbitrary and capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. end quote

47 posted on 02/05/2012 9:59:51 AM PST by Seizethecarp
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