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Board of Natural Resources of the State of Ga. v. Georgia Emissions Testing Co.

Georgia's Motor Vehicle Emission Inspection and Maintenance Act does not prohibit the Board of Natural Resources from issuing rules prohibiting the use of mobile facilities to test the general public.

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This appeal addresses the authority of the Georgia Board of Natural Resources “Board” to promulgate certain regulations implementing the Georgia Motor Vehicle Emission Inspection and Maintenance Act “I/M Act”, OCGA § 12-4-90, et seq. The Georgia Emission Testing Co. “GETCo” challenged two regulations, one restricting mobile emissions testing, and one assessing administrative fees for each vehicle inspection performed. We reverse the superior court’s decision reversing the ALJ and holding that the mobile test restrictions are invalid, and affirm the superior court’s decision affirming the ALJ and holding that a portion of the assessed fees are invalid.

GETCo petitioned the Office of State Administrative Hearings for a hearing,1 contending that Board Rule 391-3-20-.09 2 c, limiting mobile testing to fleet and dealership vehicles at locations and times listed on a submitted schedule, violates the I/M Act.

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