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Georgia Dep't of Driver Servs. v. Appling

The trial court was without jurisdiction to consider the defendant's petition for judicial review of an ALJ's decision to suspend his driver's license because such was not filed within 30 days of the ALJ's denial of his motion for reconsideration.

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In this discretionary appeal, the Georgia Department of Driver Services the “Department” appeals from the superior court’s reversal of an administrative law judge’s “ALJ” decision to suspend Robert Appling’s driver’s license. The Department appeals on several grounds, including that the superior court did not have jurisdiction to hear the appeal and that the trial court’s order is void because the Department did not have proper notice of the hearing. We agree.

The relevant facts are not in dispute. After his second arrest for driving under the influence, Appling’s driver’s license was suspended pursuant to OCGA § 40-5-63. Two months later, Appling applied for and received a limited driving permit approving him to drive “to and from work, school, and medical.” Appling was then cited for speeding, and his limited driving permit was revoked pursuant to OCGA § 40-5-64 g. A hearing concerning both the suspension of Appling’s license and the revocation of his limited driving permit was held before an ALJ on May 29, 2012. The ALJ upheld the suspension and revocation in an order dated June 18, 2012. Appling then filed a motion for reconsideration, which was denied by the ALJ on July 12, 2012.

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