What are the rules governing judicial review of administrative actions?

In Georgia, judicial review of administrative actions is guided by the Administrative Procedures Act (APA). The APA is a set of laws that governs the decision-making process by which government agencies create and enforce regulations. Under the APA, an agency’s decisions are subject to review by the Georgia courts. The courts will review the actions of an administrative agency to determine whether the decision is within the scope of the agency’s authority, was made in accordance with applicable laws, and was reasonable. In other words, the court will consider whether the decision was “arbitrary and capricious”—that is, whether the decision was made without considering relevant facts or applicable law. The courts may also consider whether an agency failed to follow procedural requirements, such as holding a public hearing or allowing for an appeal of the decision. These procedural requirements must be followed in order for the decision to be valid. If the court finds that an agency’s decision was arbitrary, capricious, or not in accordance with applicable laws, it will overturn the decision and can order the agency to take corrective action. This often involves ordering the agency to re-evaluate the situation and come to a different decision. Overall, the APA provides a system of checks and balances to ensure that administrative actions are fair and reasonable. By reviewing the decisions of administrative agencies, the courts help to ensure that government decisions are consistent with the law.

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