359 S.E.2d 756 | Ga. Ct. App. | 1987
James L. Duval was demoted by his employer, Georgia Retardation Center, a division of the Department of Human Resources (DHR). Duval pursued his administrative remedies culminating in the denial of his appeal by the State Personnel Board. Duval then petitioned the Fulton County Superior Court for judicial review. On motion by DHR challenging its jurisdiction, the superior court dismissed the petition. We granted Duval’s application for discretionary review.
DHR is Duval’s employer and is governed by the Georgia Administrative Procedure Act (APA), OCGA § 50-13-1 et seq. Dept. of Human Resources v. Williams, 130 Ga. App. 149 (1) (202 SE2d 504) (1973). However, the decision of which Duval seeks review is one made not by DHR but by the State Personnel Board, which is not governed by the APA. OCGA § 50-13-2 (1); Dept. of Corrections v. Hemphill, 134 Ga. App. 65, 66 (213 SE2d 169) (1975). Accordingly, this matter is not governed by the APA but by the provisions of OCGA § 45-20-1 et seq. relating to the State Personnel Board.
Subject-matter jurisdiction for judicial review of State Personnel Board decisions lies in the superior courts of this state with venue in “the county of the place of employment of the employee.” OCGA §
Judgment reversed with direction.