Appellant filed a petition in the Superior Court of Fulton County seeking a declaratory judgment that certain portions of Ch. 393-5, amended, of the rules of the Georgia State Board of Nursing Home Administrators be declared unconstitutional and void, and prayed that the board be permanently enjoined from enforcing them. The trial court found the rules to be constitutional and granted appellee’s motion for summary judgment. This order was appealed to the Supreme Court which held that "[t]he only substantive issue on appeal related to the constitutionality of the above rules. . . [and it] is a legal question over which the Court of Appeals has appellate jurisdiction.”
Baranan v. State Bd. of Nursing Home Admrs.,
1. In his first and second enumerations of error, appellant complains that he has been denied due process under the U. S. Constitution, Amend. V (Code § 1-805) and U. S. Constitution, Amend. XIV (Code § 1-815) and Ga. Constitution, Art. I, Sec. I, Par. Ill (Code § 2-103), by virtue of the operation of Rule 393-5-.01, which requires continuing education in order to receive license renewal as a nursing home administrator. He further claims that the scope of the rule exceeds the enabling legislation. We disagree with all of these contentions. Any property interest incident to appellant’s occupation is defined and limited by the statutes and rules regulating this profession. See Board of Regents v. Roth,
The test of the validity of an administrative rule is (1) Is it authorized by the statute, and (2) is it reasonable?
Eason v. Morrison,
The test of reasonableness is the impact upon the
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student and the public.
Ga. Real Estate Comm. v. Accelerated Courses in Real Estate,
2. Appellant’s third enumeration of error asserts that the method by which members of the board are selected denies him an impartial tribunal and presents conflicts of interest for board members because of Rule 393-5-.01. The board is composed of six members who are nominated by various organizations and must include a physician, a nurse, an educator, two members at large, a hospital administrator and six members who are licensed nursing home administrators to be appointed from a list submitted by the board of directors of the Georgia Nursing Home Association, Inc. Code § 84-4902.
Appellant’s assertion that he has been denied an impartial tribunal in violation of his constitutional due process and equal protection rights is not a justiciable issue. The board is not sitting as a tribunal upon any actions of the appellant, and he has not been accused of violating any of the rules established by it.
There is no evidence of a conflict of interest by the board members. Appellant is not denied equal protection because of the composition of the board; not all of the members of the board are in competition with him and those that are remain subject to the same rules regarding continuing education. His claim that the Georgia Nursing *608 Home Association (GNHA) submits nominations for board officials and that it furnishes approved courses creates a conflict of interest is without merit. There is no evidence that GNHA derives any profit from these courses or that sponsoring the courses affects their dues structure. All nursing homes in the state are eligible for membership in GNHA and appellant’s employer could have a voice in this organization and help select nominees for vacancies on the board if he wishes.
3. Appellant’s fourth enumeration of error is likewise without merit. Rule 393-5-.01 is not an ex post facto law. Prohibitions concerning ex post facto laws relate only to criminal matters.
Bailey v. State,
4. Appellant’s remaining enumerations of error are without merit.
The lower court did not err by granting appellee’s motion for summary judgment and denying appellant’s motion for summary judgment.
Judgment affirmed.
