Georgia Department of Community Health v. Georgia Society of Ambulatory Surgery Centers
290 Ga. 628
| Ga. | 2012Background
- OCGA § 31-6-70(a) requires annual reporting of certain health care information by facilities including ASCs and imaging centers; DCH issued the 2009 survey to GSASC member facilities.
- GSASC filed for declaratory judgment and injunctive relief challenging the scope of the 2009 survey as beyond statutory authority.
- Trial court denied interlocutory relief but granted a narrow injunction pending appeal, finding DCH could request the disputed information.
- Court of Appeals reversed, holding DCH lacked statutory authority to include disputed requests and finding exhaustion of administrative remedies futile; it also suggested the Commissioner’s position supported futility.
- Georgia Supreme Court granted certiorari to address whether exhaustion exceptions apply and APA applicability; the Supreme Court reversed and remanded to the Court of Appeals without addressing merits of the survey itself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion of administrative remedies is required. | GSASC argues exhaustion should be excused. | DCH argues exhaustion is required. | No; exhaustion is required. |
| Whether the futility exception to exhaustion applies. | GSASC contends futility because agency positions show lack of remedy. | DCH asserts futility given agency position and ongoing proceedings. | Not applicable; futility not established. |
| Whether the ultra vires/ lack-of-jurisdiction exception applies to avoid exhaustion. | GSASC claims DCH acted outside statutory authority. | DCH asserts authority under OCGA § 31-6-70. | Not applicable; exception does not apply. |
Key Cases Cited
- Cerulean Cos. v. Tiller, 271 Ga. 65 (Ga. 1999) (exhaustion requirement; effective admin remedy)
- Moss v. Central State Hosp., 255 Ga. 403 (Ga. 1986) (rare relaxation of exhaustion; futility criteria)
- Fulton County Taxpayers Foundation v. Ga. Public Service Comm., 287 Ga. 876 (Ga. 2010) (exhaustion prerequisite; agency expertise and uniformity)
- City of Atlanta v. Hotels.com, 285 Ga. 231 (Ga. 2009) (jurisdiction/exceeding authority exception to exhaustion)
- Powell v. City of Snellville, 266 Ga. 315 (Ga. 1996) (exhaustion principles; futility considerations)
- Davenport v. Harry N. Abrams, Inc., 249 F.3d 130 (2d Cir. 2001) (post-initiation developments cannot revive lack of jurisdiction)