Cal. Civ. Code § 8-3-215

Appeal from order of administrative law judge; attorney’s fees and costs.

In Force
Verified 10/28/2026 · Next check 11/4/2026
GeorgiaRent Regulation

Operative Text

Cal. Civ. Code § 8-3-215
(a) Any party to a hearing before the administrative law judge may appeal any adverse final order of the administrative law judge by filing a petition for review in the Superior Court of Fulton County within 30 days of the issuance of the final order. The administrative law judge shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the administrative law judge, including the transcript of the hearing before the administrative law judge and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that, if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls.
(b) The court shall not substitute its judgment for that of the administrative law judge as to the weight of the evidence on questions of fact. The court may affirm a final order of the administrative law judge or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant 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 procedures;
(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, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(c) Upon judicial review of any order of the administrator or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court in its discretion may award the prevailing party reasonable attorney’s fees and costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs only if the respondent prevails on all alleged violations in the order or of the conciliation agreement and upon a showing that the action is frivolous, unreasonable, or without foundation.
Source: Legislative text reproduced verbatim
Plain English

O.C.G.A. § 8-3-215 establishes the process for appealing an administrative law judge's final order in Georgia fair housing matters to the Superior Court of Fulton County. Either party has 30 days from the issuance of the final order to file a petition for review, and the court's role is limited — it cannot simply substitute its own judgment on factual questions but may affirm, remand, reverse, or modify the order under specific legal grounds. The provision also allows the court, at its discretion, to award attorney's fees and costs to a prevailing party, though a respondent can only receive such an award if they prevail on all alleged violations and the action is shown to be frivolous, unreasonable, or without foundation.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under O.C.G.A. § 8-3-215, a property owner or manager who receives an adverse final order from an administrative law judge has 30 days to file a petition for review in the Superior Court of Fulton County. Operators who pursue judicial review generally ensure the administrator is properly served with the petition and that the certified hearing record is transmitted to the court within the required timeframe. Respondents who prevail on all alleged violations may seek attorney's fees and costs, but only upon demonstrating that the underlying action was frivolous, unreasonable, or without foundation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

O.C.G.A. § 8-3-215 gives complainants the right to appeal an unfavorable administrative law judge ruling to the Superior Court of Fulton County within 30 days of the final order's issuance. The court reviews the record under defined legal standards — including whether the decision was arbitrary, clearly erroneous, or made in violation of constitutional or statutory provisions — rather than simply re-weighing the evidence from scratch. Tenants or complainants who prevail on judicial review may be eligible for an award of reasonable attorney's fees and costs at the court's discretion, and tenant-rights organizations can help explain what this appellate process may mean in a given context.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

O.C.G.A. § 8-3-208
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-217
O.C.G.A. § 8-3-218
O.C.G.A. § 8-3-222
O.C.G.A. § 8-3-211
O.C.G.A. § 8-3-209
O.C.G.A. § 8-3-213
O.C.G.A. § 8-3-212
O.C.G.A. § 8-3-206
O.C.G.A. § 8-3-213
O.C.G.A. § 8-3-202
O.C.G.A. § 8-3-218
O.C.G.A. § 8-3-209
O.C.G.A. § 8-3-217
O.C.G.A. § 8-3-215
O.C.G.A. § 8-3-216
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-206
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-204
O.C.G.A. § 8-3-202
O.C.G.A. § 8-3-222
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-202
O.C.G.A. § 8-3-205
O.C.G.A. § 8-3-202
O.C.G.A. § 8-3-200
O.C.G.A. § 8-3-204

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