Petition for Reconsideration (Administrative Agency) - Georgia

PETITION FOR RECONSIDERATION / MOTION FOR REHEARING

State of Georgia — Georgia Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq.)

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Under O.C.G.A. § 50-13-19, proceedings for judicial review in Georgia Superior Court must be instituted by filing a petition within 30 days after service of the final decision of the agency, or — if a rehearing is requested — within 30 days after the decision thereon.

Rehearing and judicial review: Section 50-13-19(b) states that, if a rehearing is requested, the 30-day judicial review period runs from the decision on it. This does not depend on an agency rule requiring rehearing. Section 50-13-19(c) says filing a rehearing or reconsideration motion is not a prerequisite to judicial review, irrespective of statute or agency rule.

Practical implication: If you are uncertain whether this filing qualifies as a rehearing request or when the agency will decide it, consult counsel and consider a protective petition for judicial review in Superior Court within 30 days after service of the original final decision.

Exhaustion: Georgia courts require that objections must have been raised before the agency in order to be considered on judicial review (O.C.G.A. § 50-13-19(c)). This petition is an important vehicle for raising and preserving all legal and factual objections.

ABOUT THIS DOCUMENT

This Petition for Reconsideration / Motion for Rehearing is a formal request to a Georgia administrative agency to review and change its own final decision. While reconsideration is not a mandatory prerequisite to judicial review under O.C.G.A. § 50-13-19, it is a valuable tool to raise errors before the agency, preserve issues for court review, and potentially obtain correction without litigation.

Common agencies where this petition is used:

• Georgia Composite Medical Board
• Georgia Board of Pharmacy
• Georgia Secretary of State (professional licensing boards — cosmetology, architects, engineers, etc.)
• Georgia Real Estate Commission (real estate licensing)
• Georgia Department of Community Health (DCH) — Medicaid, Certificate of Need, facility licensing
• Georgia Department of Natural Resources (DNR) — environmental permits and enforcement
• Georgia Department of Revenue — tax matters
• Georgia Public Service Commission (PSC) — utility regulation
• Georgia Department of Insurance
• Georgia Professional Standards Commission (GaPSC) — educator certification and discipline (confirm its own review procedure)
• Georgia Department of Banking and Finance
• Georgia Department of Agriculture
• Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD)

Scope: This Georgia APA petition is not for State Board of Workers' Compensation matters or Department of Labor hearings about unemployment benefits or overpayments. O.C.G.A. § 50-13-2 excludes those proceedings from its definition of an agency; use the applicable review procedure instead.

GROUNDS FOR RECONSIDERATION/REHEARING CHECKLIST

Check all grounds that apply:

☐ Error of Law — The agency incorrectly applied or interpreted a statute, regulation, or controlling legal standard

☐ Error of Fact / Substantial Evidence — The agency's findings of fact are not supported by substantial evidence in the record

☐ Newly Discovered Evidence — Material evidence was discovered after the hearing that was unavailable despite reasonable diligence and that would materially affect the outcome

☐ Agency Exceeded Its Statutory Authority — The agency acted outside the scope of the authority delegated to it by the Georgia General Assembly

☐ Decision Is Arbitrary, Capricious, or an Abuse of Discretion — The agency's decision lacks a rational basis or is not supported by the record and applicable law

☐ Violation of Due Process — Petitioner was denied adequate notice, an opportunity to be heard, or another procedural right guaranteed by O.C.G.A. § 50-13-13 or constitutional due process

☐ Constitutional Violation — The decision or underlying rule violates the Georgia or United States Constitution

☐ Inadequate Findings of Fact or Conclusions of Law — The final decision fails to include findings required by O.C.G.A. § 50-13-17

☐ Penalty Is Disproportionate — The penalty or sanction imposed is excessive, inconsistent with agency precedent, or unsupported by the record

☐ Improper Evidentiary Ruling — The agency improperly admitted or excluded material evidence, prejudicing the outcome

☐ Change in Controlling Law — A new statute, regulation, or court decision issued after the hearing requires a different result

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION / MOTION FOR REHEARING

BEFORE THE [________________________________]
STATE OF GEORGIA

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Case/Docket No.: [________________________________]

Decision/Order No.: [________________________________]

Date of Final Decision: [__/__/____]

PETITION FOR RECONSIDERATION / MOTION FOR REHEARING

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], GA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Georgia Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Georgia Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], GA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board (if applicable): [________________________________]
Commissioner/Director/Chair: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], GA [____]

1.4 Other Parties of Record:

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Petition is filed pursuant to the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., and the following agency-specific rule(s) governing reconsideration or rehearing:

Agency reconsideration rule/regulation: [________________________________]
Georgia Administrative Code citation: [________________________________]

2.2 Timeliness:

The final decision was issued on: [__/__/____]
The final decision was served on Petitioner on: [__/__/____]

The applicable reconsideration deadline under agency rules: [__/__/____]
Basis for deadline (cite agency rule): [________________________________]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the applicable reconsideration deadline.

2.3 WARNING — Judicial Review Deadline:

Under O.C.G.A. § 50-13-19(b), a petition for judicial review in the Superior Court must be filed within 30 days after service of the final agency decision or, if a rehearing is requested, within 30 days after the decision on it. Section 50-13-19(c) says a rehearing or reconsideration motion is not a prerequisite to judicial review.

Final decision service date: [__/__/____]
30-day judicial review deadline: [__/__/____]

☐ Petitioner has confirmed the applicable judicial review deadline under O.C.G.A. § 50-13-19(b), including the date of any decision on rehearing
☐ Petitioner is simultaneously filing a protective petition for judicial review in Superior Court to preserve rights

2.4 Preservation of Issues:

Under O.C.G.A. § 50-13-19(c), no objection not urged before the agency shall be considered by the court on judicial review. Petitioner is filing this petition to ensure all issues are preserved for any subsequent Superior Court review.

2.5 Agency Authority:

The [________________________________] has jurisdiction pursuant to:

Governing statute: [________________________________]
Agency rules: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Final Decision:

Title of Decision: [________________________________]
Decision/Order Number: [________________________________]
Date Issued: [__/__/____]
Date Served on Petitioner: [__/__/____]
Hearing Officer / Agency Decision-Maker: [________________________________]

3.2 Nature of the Contested Case:

☐ Professional license denial, suspension, revocation, or non-renewal
☐ Civil penalty or fine
☐ Environmental permit denial or enforcement action (DNR/EPD)
☐ Tax assessment, penalty, or refund denial (DOR)
☐ Medicaid or Certificate of Need action (DCH)
☐ Utility rate or service order (PSC)
☐ Insurance regulatory action (DOI)
☐ Educator certification or discipline action (GaPSC; confirm its review procedure)
☐ Banking or financial regulatory action
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe the specific findings, conclusions, and orders being challenged. Cite specific page and paragraph numbers of the decision. State precisely what the agency found, concluded, and ordered.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date proceeding was initiated: [__/__/____]
Initiating party: [________________________________]
Nature of initial action: [________________________________]

4.2 Notice and Prehearing Proceedings:

Notice of hearing served: [__/__/____]
Prehearing conference: ☐ Yes ☐ No Date: [__/__/____]
Discovery or investigation: [________________________________]
Prehearing motions: [________________________________]

4.3 Hearing:

☐ Formal evidentiary hearing held under O.C.G.A. § 50-13-13 et seq.
☐ Informal hearing or conference
☐ Decision on the record without formal hearing

Hearing date(s): [__/__/____] through [__/__/____]
Presiding officer: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]
3. [________________________________] Topic: [________________________________]

Witnesses for Agency:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Key documentary evidence:

• [________________________________]
• [________________________________]
• [________________________________]

4.4 Final Decision:

Final decision issued on [__/__/____] and served on Petitioner on [__/__/____].

SECTION 5 — STATEMENT OF FACTS

5.1 Background:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Agency's Factual Findings and Petitioner's Dispute:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description: [________________________________]
Date discovered: [__/__/____]
Why not discoverable before or during hearing: [________________________________]
Materiality to outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify precisely where the agency erred — cite the finding, conclusion, or page/paragraph of the decision. State what the agency said and why it is wrong.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard under O.C.G.A. § 50-13-19(h): the court does not reweigh evidence on factual questions. It may reverse or modify an agency decision when substantial rights have been prejudiced and the findings or decision are, for example, clearly erroneous in view of reliable, probative, and substantial evidence on the whole record, affected by legal error, or arbitrary or capricious.]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Georgia Statute (O.C.G.A.): [________________________________]
• Georgia Administrative Rules: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Final Decision and dismiss the underlying proceeding

☐ Modify the Final Decision as follows: [________________________________]

☐ Remand for a new or supplemental evidentiary hearing on: [________________________________]

☐ Remand for additional or corrected findings of fact or conclusions of law on: [________________________________]

☐ Reduce the penalty from [________________________________] to [________________________________]

☐ Reinstate or grant the license, permit, or certification at issue

☐ Stay enforcement of the Final Decision pending resolution of this Petition and any subsequent judicial review (note: a stay does not extend the judicial review deadline)

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — PETITIONER'S SIGNED CONFIRMATION

I, [________________________________], have read the foregoing Petition for Reconsideration and confirm that its factual statements are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], Georgia.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Georgia Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], GA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a copy of the foregoing Petition for Reconsideration upon the following parties:

Agency Clerk / Docket Officer:
[________________________________] — [________________________________], GA [____]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail (No.: [________________________________]) ☐ Email: [________________________________]

Agency Counsel / Assistant Attorney General:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Opposing Party or Counsel:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on This Petition:

The agency will process this petition under its applicable procedural rules. The agency may grant a hearing, decide on the written record, grant, modify, or deny the petition. Confirm expected timeline with agency rules and agency staff.

12.2 Judicial Review Under O.C.G.A. § 50-13-19:

Under O.C.G.A. § 50-13-19, any person who considers themselves aggrieved by a final agency decision in a contested case is entitled to judicial review in the appropriate Georgia Superior Court:

• Venue: Superior Court of Fulton County, or the superior court of the county of the petitioner's residence; if the petitioner is a corporation, the Superior Court of Fulton County or the superior court of the county where the petitioner maintains its principal place of doing business in Georgia. Special venue rules apply to certain agencies: proceedings involving the Commissioner of Agriculture may also be brought in the Superior Court of Tift County or the Superior Court of Chatham County, and proceedings involving the Public Service Commission must be brought in the Superior Court of Fulton County (O.C.G.A. § 50-13-19(b))
• Deadline: 30 days after service of the final decision or, if a rehearing is requested, 30 days after the decision on it (O.C.G.A. § 50-13-19(b))
• Prerequisites: Petitioner must have exhausted administrative remedies and must have raised the objections sought to be reviewed before the agency (O.C.G.A. § 50-13-19(a), (c))
• Standard: The court reviews the record without a jury; may affirm, reverse, or remand based on a finding that substantial rights of the petitioner have been prejudiced because the agency's findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the agency's statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion (O.C.G.A. § 50-13-19(h))

12.3 Preservation of Issues:

All grounds for judicial review must have been raised before the agency (O.C.G.A. § 50-13-19(c)). This petition should include every legal and factual issue Petitioner intends to raise in Superior Court.

12.4 Stay of Decision:

Filing this petition does not automatically stay the final decision. A separate stay request must be made to the agency (if authorized by agency rules) or to the Superior Court upon filing for judicial review.

12.5 Reconsideration Is Not Mandatory:

Under O.C.G.A. § 50-13-19(c), filing a motion for reconsideration or rehearing is not a prerequisite to seeking judicial review, regardless of agency rule. Confirm the actual decision and filing dates with counsel; if the treatment or timing of a rehearing request is uncertain, consider a protective judicial-review petition within 30 days after service of the original final decision.

This template was prepared for use in Georgia administrative proceedings under O.C.G.A. § 50-13-1 et seq. It must be reviewed by a qualified attorney licensed in Georgia before use. Under § 50-13-19(b), the 30-day judicial review period runs from the decision on a requested rehearing. Confirm that the filing qualifies as a rehearing request and determine the decision date before calculating the deadline.