If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least ten days prior to the hearing to the governing authority, the applicant, and the owner and public notice shall be given. The commission shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant, the owner, or the governing authority involved.
History. Ga. L. 1973, p. 128, § 6; Ga. L. 1975, p. 837, § 6; Code 1981, § 12-5-445 , enacted by Ga. L. 1982, p. 2107, § 4; Ga. L. 1983, p. 1059, § 5; Ga. L. 1986, p. 321, § 2; Ga. L. 1989, p. 1317, § 6.8; Ga. L. 1998, p. 1394, § 5; Ga. L. 2008, p. 181, § 25/HB 1216.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, “commission’s” was substituted for “center’s” in subparagraphs (c)(2)(A) and (c)(2)(D).
Law reviews.
For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).
Structure Georgia Code
Title 12 - Conservation and Natural Resources
Article 5 - Rivers and River Basins
Part 6 - Protection of Metropolitan Rivers
§ 12-5-442. Legislative Findings and Purposes
§ 12-5-447. Minimum Standards for Certificates and Recommendations
§ 12-5-449. Other Laws Not Superseded by Part
§ 12-5-451. Uses to Which Part Inapplicable
§ 12-5-454. Removal of Sand From Watercourse
§ 12-5-455. Plan and Application for Certificate Open to Public Inspection
§ 12-5-457. Environmental Protection Division’s Powers and Duties Unaffected by Part