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Official Opinion 94-21

Official Opinion 94-21

August 16, 1994
To: 

Commissioner
Department of Transportation

Re: 

The current hearing officers for the Department of Transportation may continue in their present capacity as hearing officers under the express language of Ga. Laws 1994, p. 1856, § 5 until April 1, 1995.

Your letter asks whether the current hearing officers utilized by the Department of Transportation for a variety of administrative hearings may continue holding such hearings until the provisions of O.C.G.A. § 50-13-40 et seq., entitled the "Office of State Administrative Hearings," are activated. Currently, as I understand it, the Office of State Administrative Hearings has not been funded, and no chief State Administrative Law Judge has been appointed by the Governor.

Under the non-codified Sect. 5 of Ga. Laws 1994, p. 1856, the General Assembly expressly stated "[d]uring the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law." 1994 Ga. Laws 1856, 1865. Consequently, it is my official opinion that the hearing officers for DOT may continue to hold hearings until April 1, 1995.

Prepared by:

CAROL A. CALLAWAY
Assistant Attorney General