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P&CGeorgiahard

An insurer disagrees with a final OCISF order imposing a $50,000 monetary penalty under O.C.G.A. § 33-2-24. Under Georgia's Administrative Procedure Act, what is the proper avenue and standard of review?

AFile a fresh de novo civil action in the Georgia Court of Appeals seeking a jury trial
BSeek a writ of certiorari directly from the Georgia Supreme Court without intermediate review
Petition the superior court for judicial review under O.C.G.A. § 50-13-19 on the administrative record, generally under the substantial-evidence standard
DAppeal exclusively to the federal district court under 28 U.S.C. § 1331

Why this is the answer

Final OCISF orders are reviewable under O.C.G.A. § 50-13-19 by petition to the superior court of Fulton County (or the county of residence of the petitioner, per statute) within 30 days of service of the final decision. The reviewing court does not retry the facts; instead, it reviews the administrative record under the substantial-evidence standard for factual findings and de novo for questions of law. The court may reverse or modify only if the agency decision violates constitutional or statutory provisions, exceeds the agency's authority, is procedurally deficient, is affected by error of law, is clearly erroneous on the record, or is arbitrary and capricious.

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