Regulatory law attorneys for businesses and professionals facing Georgia state agencies and licensing boards
A letter from a licensing board, a proposed assessment from the Department of Revenue, a permit challenge at the Environmental Protection Division, or a rule that threatens how your company operates: these are regulatory problems, and they run on the Georgia Administrative Procedure Act's clock. Miles Hansford represents businesses, professionals, and organizations in investigations, contested-case hearings, negotiated resolutions, and judicial review.
The practice, part of the firm's Regulatory & Government Law group led by partner David B. Davidson, handles matters before the Office of State Administrative Hearings, the Secretary of State's professional licensing boards, the Georgia Composite Medical Board, the Department of Revenue and the Georgia Tax Court, the Environmental Protection Division, the Department of Community Health, the Public Service Commission, and local licensing authorities across North Metro Atlanta.
Signs you need regulatory counsel now
- A board or agency has sent an investigative letter, subpoena, or notice of proposed action
- You have been offered a consent order and are not sure whether to sign it
- A license, permit, or certificate has been denied, conditioned, suspended, or revoked
- An audit has turned into a proposed assessment or penalty
- A competitor or neighbor is challenging your permit, or you need to challenge theirs
- A proposed rule or policy would change how your business operates
Investigations & Enforcement Defense
Responding to board complaints, agency investigations, subpoenas, and civil investigative demands; negotiating consent orders and penalty reductions; protecting the license and the business while the matter is pending.
Contested Cases & Hearings
Representation at the Office of State Administrative Hearings and before licensing boards and local authorities: pleadings, discovery, expert evidence, and the evidentiary hearing that becomes the record on appeal.
Judicial Review & Appeals
Petitions for judicial review under the Administrative Procedure Act, Georgia Tax Court and superior court appeals, and petitions for review of local decisions, filed within the deadline and argued on the record.
The Administrative Procedure Act sets the process, and the record decides the case
Most Georgia state agency disputes are contested cases under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq. The agency issues a notice of proposed action, the affected party requests a hearing, and the case is usually referred to the Office of State Administrative Hearings, where an administrative law judge conducts an evidentiary hearing under OSAH's rules of procedure. Depending on the agency, the ALJ's decision is either final or becomes an initial decision the agency may review.
Judicial review under O.C.G.A. § 50-13-19 must be sought within 30 days after the final decision is served, after administrative remedies are exhausted. The superior court reviews the agency record without a jury and can reverse only on limited grounds: constitutional or statutory violations, action beyond the agency's authority, unlawful procedure, other legal error, findings clearly erroneous in view of the reliable and substantial evidence, or decisions that are arbitrary, capricious, or an abuse of discretion. Filing does not automatically stay the agency's action. Because the record is closed at the hearing, the case is won or lost by the evidence, experts, and objections presented there.
- Notices, responses, and position statements that frame the case correctly from the start
- Discovery, subpoenas, expert reports, and hearing preparation
- Evidentiary hearings before administrative law judges and boards
- Consent orders, settlements, and compliance plans
- Petitions for judicial review and superior court briefing
- Stays, injunctions, and emergency relief where the statute allows
Regulatory law services across Georgia's agencies and boards
Each agency has its own statute, rules, and culture. The firm's work spans the regulators that North Georgia businesses and professionals deal with most.
Complaints, investigations, and disciplinary proceedings before the Secretary of State's Professional Licensing Boards Division, the Georgia Composite Medical Board, the Board of Nursing, the Real Estate Commission, the State Board of Accountancy, and contractor boards, under O.C.G.A. § 43-1-19 and each board's own rules.
Applications, reinstatements, and reciprocity requests where a prior conviction, out-of-state discipline, or other disclosure requires explanation and advocacy.
Proposed assessments, refund denials, sales and use tax, withholding, and alcohol and tobacco enforcement. Protests must generally be filed within 45 days, with appeals to the Georgia Tax Court or superior court on their own deadlines.
Representation in hearings before the Office of State Administrative Hearings for licensing, benefits, permitting, enforcement, and other agency actions, including pleadings, discovery, and the evidentiary record.
Air, water, stormwater, land-disturbance, and solid waste permits from the Environmental Protection Division; consent orders and penalty defense; permit appeals under O.C.G.A. § 12-2-2, which generally must be filed within 30 days of the permit action.
Certificate of Need applications, exemptions, and oppositions before the Department of Community Health, including the expanded exemptions and shortened process adopted in 2024, along with facility licensing and survey responses.
Intervention and advocacy in rate cases, integrated resource plans, and tariff proceedings that affect large energy users, developers, and telecommunications providers.
Comments on proposed rules, requests for hearings, and petitions for declaratory rulings on how a rule applies to a client's specific situation, so the question is answered before enforcement rather than after.
Open Records Act requests to obtain agency files, competitor submissions, and inspection records, and the affidavits and objections that protect a client's trade secrets in the hands of an agency.
Written policies, training, internal audits, and self-disclosure strategy designed to prevent enforcement actions and to mitigate penalties when something goes wrong.
What business owners and professionals should know before responding to an agency
The details below reflect Georgia statutes and agency rules as we understand them at the time of writing. Deadlines and procedures change; confirm current requirements with the firm.
The first letter matters more than it looks
Many regulatory matters are decided, in practice, by the first written response. A licensing board investigator's request for a written explanation, a Department of Revenue notice, or an EPD information request will be part of the record for every stage that follows. Admissions made casually, incomplete document productions, and missed response dates limit the options available later. We treat the first response as the opening of the case, not as paperwork.
Professional licensing boards and O.C.G.A. § 43-1-19
Georgia's licensing boards may refuse, reprimand, restrict, suspend, or revoke a license on the statutory grounds in O.C.G.A. § 43-1-19, which include misrepresentation in obtaining a license, conviction of a felony or a crime of moral turpitude, discipline in another state, unprofessional or unethical conduct, aiding unlicensed practice, and inability to practice safely. Sanctions can include probation, fines, and cost reimbursement. Most board actions carry Administrative Procedure Act hearing rights, and a voluntary surrender is treated as a revocation. Consent orders are common and often sensible, but they are public, they have collateral consequences for hospital privileges, payer enrollment, and other states' licenses, and they should be negotiated, not simply signed.
Department of Revenue protests and the Georgia Tax Court
A proposed assessment from the Georgia Department of Revenue generally must be protested within 45 days, and an official assessment appealed within 45 days to the Georgia Tax Court, the successor to the Georgia Tax Tribunal, or to superior court with a bond. Refund denials have their own windows. Alcohol and tobacco licensees deal with the same department for state license enforcement. Missing a protest deadline typically converts a disputable assessment into a collectible one.
Environmental permits and appeals
A person aggrieved or adversely affected by an Environmental Protection Division permit decision must petition for a hearing within 30 days under O.C.G.A. § 12-2-2(c). The matter is heard de novo by an administrative law judge at OSAH, and that decision is reviewable in superior court within 30 days. The firm represents permit holders defending an approval, and neighbors, competitors, and local governments challenging one. State stream buffers, local buffer ordinances, and the Metropolitan River Protection Act corridor along the Chattahoochee frequently intersect with the firm's land use practice.
Certificate of Need after the 2024 reforms
Georgia's Certificate of Need program, administered by the Department of Community Health under O.C.G.A. § 31-6, was substantially revised effective July 1, 2024. The reforms shortened the review timeline, made the hearing officer's decision the final agency decision, expanded exemptions for certain ambulatory surgery centers, hospital capital projects, bed additions, imaging equipment, and relocations, and created new exemptions for birthing centers, behavioral health programs, and rural hospitals. Whether a project still requires a CON, and how to respond when a competitor opposes one, are questions we answer early in a project's planning.
Judicial review is not a second trial
Under O.C.G.A. § 50-13-19, a superior court reviewing a state agency decision confines itself to the record, does not hear new evidence, and reverses only on the statutory grounds. The same is true of most local quasi-judicial decisions reviewed by petition for review under O.C.G.A. § 5-3-1 et seq., which replaced the writ of certiorari in 2023. That is why the firm invests in the hearing: expert testimony, documentary exhibits, cross-examination, and objections that preserve issues for appeal. A well-built record makes settlement more likely and appeal more credible.
Regulatory counsel that understands how agencies and boards actually decide
Agencies and boards are staffed by people with caseloads, policies, and institutional habits. Knowing what an investigator needs to close a file, what a hearing officer expects in a pre-hearing statement, and where a board has flexibility and where it does not is the practical knowledge that shortens matters and improves outcomes. The firm's attorneys bring experience from both sides of the regulatory process.
Because Miles Hansford is a full-service firm, a regulatory matter that touches employment, contracts, real estate, or criminal exposure is handled in one place. Our litigators step in when a matter goes to superior court, and our business attorneys address the underlying transactions and governance issues that often gave rise to the problem.
Professionals, regulated businesses, and organizations across North Georgia
Regulatory matters are handled for clients from Alpharetta, Forsyth County, and the North Metro region, before agencies headquartered in Atlanta and hearing offices statewide.
Licensed professionals
Physicians, nurses, pharmacists, dentists, therapists, real estate licensees, accountants, engineers, and contractors.
Regulated businesses
Healthcare providers, alcohol licensees, manufacturers, developers, energy users, waste and water operators, and financial and insurance businesses.
Organizations & governments
Nonprofits, associations, and local governments dealing with state agencies, grant conditions, and compliance obligations.
How a regulatory matter typically moves
The stages are similar across agencies; the deadlines and standards are not.
Triage & deadlines
We identify the governing statute and rules, calendar every response and appeal deadline, and preserve documents and communications.
Response & investigation
We prepare the written response, manage document production, and communicate with the investigator or agency counsel on your behalf.
Resolution or hearing
We negotiate a consent order or dismissal where that serves you, or try the case before the ALJ, board, or hearing officer with the record built for appeal.
Judicial review
If the decision is wrong, we petition for review within the deadline and brief the case in the Georgia Tax Court or superior court.
Georgia regulatory law FAQs
What is the Georgia Administrative Procedure Act and when does it apply?
The Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., governs how state agencies adopt rules, decide contested cases, and have their decisions reviewed in court. It applies to most state licensing, permitting, and enforcement matters, including professional board discipline, environmental permits, and many Department of Revenue proceedings. Local government decisions are generally governed by local ordinances and separate statutes instead.
What is OSAH and what happens at an administrative hearing?
The Office of State Administrative Hearings is Georgia's central tribunal for contested cases referred by state agencies. An administrative law judge conducts a hearing under OSAH's rules of procedure, with pleadings, discovery, witnesses, exhibits, and cross-examination. The ALJ issues a written decision that is either final or reviewed by the agency. The record made at that hearing is what a court will review on appeal.
How long do I have to appeal a Georgia state agency decision?
Under O.C.G.A. § 50-13-19, a petition for judicial review must be filed within 30 days after service of the agency's final decision, or within 30 days after the decision on a timely request for rehearing. Administrative remedies must be exhausted first. Filing the petition does not automatically stay the agency's action, so a separate request for a stay may be needed.
Will a court re-hear the evidence in my case?
Generally no. Judicial review of a state agency decision is confined to the record made at the administrative hearing, without a jury, and the court reverses only for constitutional or statutory violations, action beyond the agency's authority, unlawful procedure, other legal error, clearly erroneous findings, or arbitrary and capricious decisions. That is why the administrative hearing has to be treated as the trial.
I received a letter from my professional licensing board. Do I need a lawyer to respond?
You are not required to have one, but the written response becomes part of the record for every later stage, and statements made without counsel are a common source of later problems. An attorney can frame the response, gather supporting records, address the specific statutory grounds in O.C.G.A. § 43-1-19, and often resolve the matter before it becomes a formal disciplinary case.
What is a consent order and should I sign one?
A consent order is a negotiated agreement with the board or agency that resolves the matter with agreed findings and sanctions, such as probation, a fine, continuing education, or practice restrictions. It avoids a hearing but is a public disciplinary record with collateral consequences for privileges, payer enrollment, and licenses in other states. The terms can usually be negotiated, and the decision to sign should be made with counsel.
How do I protest a Georgia Department of Revenue assessment?
A proposed assessment generally must be protested in writing within 45 days, either through the Georgia Tax Center or on the department's protest form, with supporting documentation. If the department issues an official assessment, an appeal must be filed within 45 days to the Georgia Tax Court or to superior court with a bond. Missing these deadlines usually makes the assessment final and collectible.
How do I challenge an environmental permit, or defend one being challenged?
A person aggrieved or adversely affected by an Environmental Protection Division permit decision must petition for a hearing within 30 days under O.C.G.A. § 12-2-2(c). The case is heard de novo at the Office of State Administrative Hearings, and the ALJ's decision can be reviewed in superior court within 30 days. Standing, timing, and the technical record are the decisive issues on either side.
Does my healthcare project still need a Certificate of Need after the 2024 changes?
Possibly not. The 2024 reforms to Georgia's Certificate of Need law expanded exemptions for certain single-specialty ambulatory surgery centers, hospital capital projects, bed additions, imaging equipment, relocations within a defined distance, birthing centers, behavioral health programs, and rural hospitals, and shortened the review process for projects that still require a CON. Whether an exemption applies depends on the project's specifics.
How can my company comment on or challenge a proposed state rule?
Under the Administrative Procedure Act, agencies must give notice of proposed rules and an opportunity to comment before adoption. Businesses and trade groups can file written comments, request a hearing, and later petition for a declaratory ruling on how a rule applies to their situation. Rules adopted without proper procedure, or that exceed the agency's statutory authority, can be challenged in court.
Related services at Miles Hansford
Regulatory matters often overlap with licensing, land use, and business counsel.
Talk with a Georgia regulatory attorney before the response is due
If an agency, board, or department has contacted you, the deadline is already running. Miles Hansford can review the notice, explain your options, and take over the response.
Miles Hansford Law Firm
Phone: 770-781-4100
Address:
1725 Windward Concourse, Suite 150
Alpharetta, GA 30005
Consultations: Contact the firm online to get started.
This page is for general informational purposes and is not legal advice. Fees, deadlines, and ordinance provisions change; confirm current requirements with the relevant jurisdiction or with the firm. No attorney-client relationship is created by viewing this content or sending a message through the website.