Duval v. Department of Human Resources

Pope, Judge.

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…