PETITION FOR JUDICIAL REVIEW

(State Agency Administrative Appeal – Georgia)

[// GUIDANCE: This template is drafted for use by Georgia-licensed counsel seeking judicial review of a final decision entered by a state administrative agency under the Georgia Administrative Procedure Act (“APA”), O.C.G.A. § 50-13-1 et seq. It presumes the underlying agency proceeding was a “contested case” and that all intra-agency remedies have been exhausted. Customize bracketed items, delete inapplicable provisions, and confirm all filing details against the most current version of Georgia law and local court rules before use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
  A. Parties and Service
  B. Jurisdiction, Venue, and Timeliness
  C. Exhaustion of Administrative Remedies
  D. Standard of Review
  E. Statement of Facts & Procedural History
  F. Grounds for Relief
  G. Relief Requested
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
  A. Verification
  B. Certificate of Service

I. DOCUMENT HEADER

IN THE SUPERIOR COURT OF [COUNTY] COUNTY
STATE OF GEORGIA

Civil Action File No.: _______

[PETITIONER LEGAL NAME],
  Petitioner,

v.

[STATE AGENCY LEGAL NAME],
  Respondent.

PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY DECISION
(Georgia Administrative Procedure Act, O.C.G.A. § 50-13-19)

Effective Date: Upon filing with the Clerk of Court on [DATE].

II. DEFINITIONS

For purposes of this Petition:

1. “Agency” means [STATE AGENCY LEGAL NAME], the state administrative agency that issued the Final Decision challenged herein.
2. “Final Decision” means the agency decision dated [DATE], served on Petitioner by [CERTIFIED MAIL/E-MAIL] on [DATE], a true and correct copy of which is attached as Exhibit A.
3. “Administrative Record” means the entire record of the contested-case proceedings before the Agency as required by O.C.G.A. § 50-13-17.
4. “Court” means the Superior Court of [COUNTY] County, State of Georgia.
5. “Georgia APA” means the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq.
6. “Party” or “Parties” refers collectively to Petitioner and Respondent as the context requires.

III. OPERATIVE PROVISIONS

A. Parties and Service

1. Petitioner. [PETITIONER LEGAL NAME] is a [Georgia resident / Georgia business entity] with principal address at [ADDRESS].
2. Respondent. [AGENCY LEGAL NAME] is an agency of the State of Georgia with principal offices at [ADDRESS] and may be served through its chief executive/General Counsel at that address.
3. Additional Respondents. [Insert if any other statutory parties must be named (e.g., Commissioner, Board, Intervenors).]

B. Jurisdiction, Venue, and Timeliness

1. This Petition is brought pursuant to O.C.G.A. § 50-13-19.
2. Venue is proper in this Court because [SELECT ONE]:
   a. Petitioner is domiciled in [COUNTY] County; or
   b. Petitioner is a public authority and venue is statutorily fixed in Fulton County.
3. The Final Decision was served on Petitioner on [DATE]; therefore, this Petition—filed on [DATE]—is timely under the 30-day filing requirement of O.C.G.A. § 50-13-19(b).

C. Exhaustion of Administrative Remedies

Petitioner has exhausted all intra-agency remedies available under O.C.G.A. § 50-13-18 and any agency-specific regulations, as more fully set forth in Section III-E below.

D. Standard of Review

Pursuant to O.C.G.A. § 50-13-19(h), the Court may reverse or modify the Final Decision if substantial rights of the Petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
1. In violation of constitutional or statutory provisions;
2. In excess of the statutory authority of the agency;
3. Made upon unlawful procedure;
4. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record;
5. Arbitrary, capricious, or characterized by abuse of discretion; or
6. Unsupported by substantial evidence.

E. Statement of Facts & Procedural History

1. On [DATE], the Agency initiated a contested-case proceeding against Petitioner alleging [SUMMARY OF CHARGES/ISSUES].
2. A hearing was conducted before [HEARING OFFICER/ALJ NAME] on [DATE], after which the ALJ issued an Initial Decision.
3. The Agency issued the Final Decision on [DATE], affirming/modifying the ALJ’s findings by [SUMMARY].
4. Petitioner timely filed an agency motion for reconsideration on [DATE], which was denied on [DATE].
5. No further intra-agency review is available.

[// GUIDANCE: Attach key procedural documents (e.g., Notice of Proposed Action, ALJ Initial Decision) as exhibits and reference them here.]

F. Grounds for Relief

Petitioner respectfully asserts the Final Decision should be [REVERSED/MODIFIED/REMANDED] on the following independent and alternative grounds:

1. Error of Law. The Agency misinterpreted [statute/regulation] by [DESCRIPTION], contrary to plain statutory language.
2. Lack of Substantial Evidence. Critical findings in the Final Decision (¶¶ [___]) are not supported by substantial evidence in the record, specifically [CITATION TO RECORD].
3. Procedural Due Process Violation. The Agency failed to provide Petitioner adequate notice of [ISSUE] as required by O.C.G.A. § 50-13-13(a).
4. Abuse of Discretion / Arbitrary & Capricious. The penalty imposed—[DESCRIPTION]—is grossly disproportionate relative to similarly situated cases.

[// GUIDANCE: Tailor each ground to the certified record. Cite transcript pages or exhibit numbers.]

G. Relief Requested

WHEREFORE, Petitioner respectfully requests that this Court:

a. Issue an Order reversing or, in the alternative, vacating and remanding the Final Decision for proceedings consistent with the Court’s ruling;
b. Award such interim or permanent injunctive relief as may be necessary to stay enforcement of the Final Decision pending resolution of this appeal;
c. Tax all allowable costs against Respondent; and
d. Grant such additional or different relief as the Court deems just and proper.

IV. REPRESENTATIONS & WARRANTIES

1. Truthfulness. Petitioner, through undersigned counsel, represents that all factual statements herein are based on the certified administrative record or good-faith belief after reasonable investigation.
2. Authority. Undersigned counsel is duly licensed to practice in the State of Georgia and is authorized to file this Petition.
3. Compliance. Petitioner represents that it has complied with all prerequisites to judicial review under the Georgia APA.

V. COVENANTS & RESTRICTIONS

1. Record Transmission. Petitioner will, upon receipt of the agency-certified record, promptly pay any required costs and ensure its transmission to the Clerk of this Court pursuant to O.C.G.A. § 50-13-19(d).
2. Notice of Related Proceedings. Petitioner covenants to notify the Court and Respondent within five (5) days of any related administrative or judicial proceeding that might affect or moot the issues presented herein.

VI. DEFAULT & REMEDIES

1. Agency Non-Transmission. Should the Agency fail to transmit the certified record within the statutory period, Petitioner may move for an order compelling production and for such sanctions as the Court deems appropriate.
2. Violation of Stay. If Respondent violates any stay or injunctive order issued by this Court, Petitioner may seek contempt, further injunctive relief, and recovery of reasonable attorney fees.

VII. RISK ALLOCATION

[Not applicable to the merits of this Petition; included to satisfy requested architecture. No indemnification or liability limitation provisions are warranted in a judicial-review petition.]

VIII. DISPUTE RESOLUTION

This matter is governed exclusively by Georgia law, and the Superior Court of [COUNTY] County retains original jurisdiction pursuant to O.C.G.A. § 50-13-19. Arbitration is not available, and jury trial is waived because this is an administrative-law proceeding.

IX. GENERAL PROVISIONS

1. Amendments. Petitioner reserves the right to amend this Petition as allowed under the Georgia Civil Practice Act and applicable local rules.
2. Severability. If any portion of this Petition is deemed procedurally defective, the remaining portions shall remain in full force to the maximum extent permitted by law.
3. Integration. This document constitutes the entire pleading for purposes of initiating judicial review of the Final Decision.

X. EXECUTION BLOCK

A. Verification

STATE OF GEORGIA )
COUNTY OF _ )

The undersigned, [NAME & TITLE OF AUTHORIZED REPRESENTATIVE], being duly sworn, deposes and states under oath that (i) he/she is authorized to make this Verification for and on behalf of Petitioner, (ii) he/she has read the foregoing Petition, and (iii) the facts stated therein are true and correct to the best of his/her knowledge, information, and belief.

[NAME], [TITLE]
For Petitioner

Subscribed and sworn before me
this ___ day of ____, 20__.

Notary Public
My Commission Expires: _

B. Certificate of Service

I hereby certify that on this ___ day of ____, 20__, I served a true and correct copy of the foregoing Petition for Judicial Review by [statutorily approved method(s), e.g., certified mail, return receipt requested] pursuant to O.C.G.A. § 50-13-19(c) and applicable court rules upon:

1. [AGENCY GENERAL COUNSEL NAME]
   [Agency Address]

2. [ASSISTANT ATTORNEY GENERAL NAME]
   Office of the Attorney General
   [Address]

[ATTORNEY NAME]
Georgia Bar No. _
Counsel for Petitioner
[Law Firm]
[Address]
[Phone] | [Email]

[// GUIDANCE:
1. File in the appropriate Superior Court with the required civil case filing form and fee.
2. Attach: (i) Final Agency Decision (Exhibit A), (ii) any relevant portions of the record cited in Section III-E (Exhibits B, C, …), and (iii) proposed order granting requested relief if preferred by the judge.
3. If injunctive relief is sought immediately, prepare and file a separate Motion for Stay under O.C.G.A. § 50-13-19(e).]