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?
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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