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Slater v. State of Ga. ex rel Cox

The Georgia Securities Act's 20-day deadline for filing an appeal is a special statute that may shorten the general 30-day time period for appeal.

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Beverly Slater appeals from an order dismissing her appeal to the Superior Court of Fulton County from a cease and desist order issued by the Commissioner of Securities that also imposed a civil penalty in the amount of $45,360.00. Slater contends that the trial court erred by concluding that her appeal was untimely, because it was not filed within the 20-day deadline imposed by the Georgia Securities Act in OCGA § 10-5-17. According to Slater, her appeal was timely filed within the 30-day time-period required by the Administrative Procedures Act for “contested cases.” OCGA § 50-13-19 b We disagree and affirm. 1. OCGA § 10-5-17 a provides that “an appeal may be taken from any order of the commissioner of securities resulting from a hearing held in accordance with Code Section 10-5-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving on the commissioner, within 20 days after the date of entry of such order.” The order appealed from falls within the scope of this Code section.

The parties agree that the order appealed from also falls within the scope of the Georgia Administrative Procedures Act provision mandating that petitions for review of a final decision of any state agency must be filed in superior court within 30 days. See OCGA § 50-13-19. We therefore must determine which of the applicable Code sections governs the time period within which Slater was required to file her appeal.

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