Introduction

This commentary examines a pivotal procedural ruling by the Supreme Court of Georgia concerning appeals in Georgia Lottery Corporation (GLC) arbitrations involving coin-operated amusement machines (COAMs). The dispute between Ultra Group of Companies (“Ultra”) and Prince and Prince, LLC and its principal, Uttam Dey (collectively “Prince”), arose out of a COAM placement and operation contract. The Court granted certiorari to resolve whether Ultra’s failure to seek intra-agency review of a “nonfinal” Interim Award within 10 days waived its right to appeal the later “Final Award.”

At stake was the meaning of “Order” in GLC Rule 13.2.5 and whether the GLC’s procedural rules contemplate separate appeal deadlines for interim and final decisions. The Court’s holding clarifies that only a hearing officer’s “Executive Order” (the singular, capitalized “Order” referenced in the rules) is the appeal-triggering, appealable decision. Consequently, failure to seek review of an interim, nonfinal ruling does not prejudice the right to timely seek review of the ultimate Executive Order. The decision also disapproves the contrary assumption in a prior Court of Appeals ruling, Lucky Fortune, LLC v. Georgia Lottery Corp., to the extent of inconsistency.

Summary of the Opinion

The Supreme Court reversed the Fulton County Superior Court’s dismissal (which had been affirmed without opinion by the Court of Appeals) of Ultra’s certiorari petition. The lower courts had ruled that Ultra’s intra-agency review was untimely because it did not seek review from the hearing officer’s July 30, 2021 “Interim Award” within 10 days. The Supreme Court held that:

• Under GLC Rules 13.2.4 and 13.2.5, the only appealable order is the hearing officer’s “Executive Order,” the singular, capitalized “Order” issued after the close of the hearing that contains the officer’s determination and any penalties.
• The “Interim Award” was not an Executive Order because it did not resolve all issues (fees and costs remained). Therefore it was not appealable and did not trigger the 10-day review deadline.
• The September 17, 2021 “Final Award” was the Executive Order; Ultra timely sought CEO review within 10 days of receipt (October 14 filing following October 4 receipt), preserving the right to judicial review.
• The Court disapproved Lucky Fortune insofar as it assumed there is no limitation on the type of order that may be appealed under the GLC rules.

Pertinent Facts and Procedural History

• GLC arbitration (OCGA § 50-27-102(c)) proceeded before a GLC hearing officer.
• July 30, 2021: Hearing officer issued an “Interim Award,” granting summary judgment to Prince on substantive contract issues but reserving fees and costs.
• September 17, 2021: Hearing officer issued a “Final Award,” expressly adopting the Interim Award, splitting arbitration costs, and awarding Ultra attorney fees. Parties received the Final Award on October 4, 2021.
• October 14, 2021: Ultra filed a “Request for Reconsideration and Motion for Review” with the GLC CEO (within 10 days). The CEO took no action; under Rule 13.2.5(1)(b)(4), inaction for 30 days is deemed a denial.
• December 10, 2021: Ultra filed a petition for certiorari in Fulton County Superior Court, which Prince moved to dismiss as untimely for failure to seek review of the Interim Award.
• Superior Court dismissed the petition; Court of Appeals affirmed without opinion (Rule 36). The Supreme Court granted certiorari.

Analysis

Precedents and Authorities Cited

• OCGA § 50-27-102(c)
  • Subsection (c)(2) grants the GLC jurisdiction over disputes among COAM licensees.
  • Subsection (c)(3) directs the GLC to adopt procedural rules consistent with the Georgia Arbitration Code.
  • Subsection (c)(5) prescribes layered review: from hearing officer to CEO (deferential standards), then to the Superior Court of Fulton County (with defined standards: “against the weight of the evidence” for fact findings, “error of law” for legal conclusions).
• GLC Rules 13.2.4 and 13.2.5
  • Rule 13.2.4(1)–(2): After the hearing closes, the hearing officer shall issue an “Executive Order” (the “Order”) containing the determination and any penalties; it is forwarded for service and execution.
  • Rule 13.2.5(1)(b)(1)(B): An aggrieved party has 10 days from receipt of the Order to file a Motion for Review with the CEO.
  • Rule 13.2.5(1)(b)(4): CEO inaction for 30 days is deemed a denial.
  • Rule 13.2.5(3): The outlined intra-agency appeal is the exclusive administrative remedy; failure to follow it waives appeal rights.
• Georgia Arbitration Code (referenced via OCGA § 50-27-9(a)(19) and § 50-27-102(c)(3)): Confirms the arbitration framework and that COAM disputes are not governed by the Administrative Procedure Act (APA).
• Standards/Canons of Interpretation
  • Adventure Motorsports Reinsurance, Ltd. v. Interstate Nat’l Dealer Servs., 313 Ga. 19, 25 (2021): De novo review for meaning of legal text, including agency rules.
  • City of Guyton v. Barrow, 305 Ga. 799, 805 (2019): Text is read in context, including structure and legal background.
  • Premier Health Care Investments, LLC v. UHS of Anchor, L.P., 310 Ga. 32, 39 (2020): Plain meaning controls when text is clear.
• Georgia APA Analogy
  • OCGA § 50-13-19(a) allows interlocutory review of “intermediate” actions in APA-governed cases where final-review is inadequate; the Court noted no parallel provision exists for GLC COAM arbitrations, reinforcing finality-centered review.
• Prior Court of Appeals decision disapproved
  • Lucky Fortune, LLC v. Georgia Lottery Corp., 367 Ga. App. 263 (2023): The Court of Appeals assumed GLC rules did not limit which orders are appealable, using Rule 13.2.5(1)(a)(3). The Supreme Court disapproved that assumption as inconsistent with the rule text and structure.

Legal Reasoning

The Court applied textual and structural interpretation to the GLC rules:

• Textual focus on “Executive Order” as “the Order.” Rule 13.2.4 mandates a singular, capitalized “Executive Order” after the hearing that must contain the hearing officer’s “determination” and “any penalties.” The rules then refer to appeals from “the Order,” reinforcing that appeals are from this specific, post-hearing, comprehensive decision.
• Finality implied by content and function. Because the Executive Order must include all determinations and penalties and is set for service and execution (Rule 13.2.4(3)), it is necessarily final as to all issues. Interim dispositions may occur, but they are not the Executive Order and do not trigger appeal deadlines.
• Intra-agency appeal clock starts upon receipt of the Executive Order. Rule 13.2.5(1)(b)(1)(B) ties the 10-day deadline to receipt of “the Order,” which the Court construes as the Executive Order, not any interim ruling.
• No APA-style interlocutory review. Unlike APA proceedings, GLC COAM arbitrations lack an express mechanism for interlocutory review. The statutory cross-references to the Georgia Arbitration Code further signal that review awaits a final award.
• Consequences of mislabeling or bifurcation. Even if a hearing officer issues multiple instruments (e.g., “Interim Award,” “Final Award”), only the one that resolves all issues post-hearing and fits Rule 13.2.4’s description qualifies as the Executive Order. Here, fees and costs remained pending after the Interim Award; therefore it was nonfinal and nonappealable. The September 17 Final Award, which adopted the Interim Award and resolved remaining issues, was the Executive Order.
• Application to Ultra’s timing. Ultra received the Final Award on October 4, 2021 and filed for CEO review on October 14—within 10 days—preserving the right to appeal to the superior court after deemed denial. The superior court’s waiver ruling (for failure to appeal the Interim Award) misapplied Rule 13.2.5(3) because the intra-agency process is triggered by the Executive Order, not interim rulings.

In sum, the rules’ language, structure, and the broader legal context establish that only Executive Orders are appealable. The Court thus reversed the superior court and the Court of Appeals and disapproved Lucky Fortune to the extent inconsistent.

Impact and Practical Implications

• Clear appeal trigger for COAM disputes: Parties in GLC COAM arbitrations need not—and should not attempt to—seek CEO review of nonfinal, interim rulings. The 10-day clock begins upon receipt of the Executive Order (final award).
• Reduces procedural traps: The decision eliminates the risk that a party forfeits review by not appealing an interim decision, promoting orderly, finality-based appellate practice.
• Guidance for hearing officers: Hearing officers should ensure that the document designated to resolve a case after the hearing is framed as the Executive Order and expressly disposes of all issues, including fees and costs, to avoid confusion about appealability and deadlines.
• Effect on prior precedent: To the extent Lucky Fortune suggested any GLC “order” is appealable, that view is no longer tenable. Practitioners should cite this case to oppose dismissals premised on failure to seek review of interim awards.
• Statutory continuity despite procedural reforms: Although Georgia’s certiorari statutes were repealed in 2022 and replaced with a “uniform procedure” for petitions for review (effective July 1, 2023), this decision’s core holding—what constitutes the appealable order under GLC rules—remains operative for future cases filed under the new judicial review statute.
• Standards of review preserved: The case does not alter the deferential standards applicable to CEO and superior court review set by OCGA § 50-27-102(c)(5); it clarifies only when and from what order the appeal process initiates.
• Administrative law boundary: By highlighting that the APA’s interlocutory-review provision does not apply to GLC COAM arbitrations, the Court reinforces a finality-first approach consistent with arbitration principles.

Complex Concepts Simplified

• COAM: Coin-operated amusement machines used in licensed locations; disputes among licensees are handled under a specialized GLC arbitration framework.
• GLC Hearing Officer: A neutral who adjudicates COAM disputes under OCGA § 50-27-102(c) and GLC rules, akin to an arbitrator.
• Executive Order (the “Order”): The singular, post-hearing decision required by GLC Rule 13.2.4 that contains all determinations and any penalties, is served on the parties, and is set for execution unless stayed. It is the only appealable order under the GLC rules.
• Interim Award: A nonfinal ruling that may decide some issues (e.g., liability) but not all (e.g., fees/costs). It is not the Executive Order and does not trigger the 10-day review window.
• Intra-agency appeal: A party must file a Motion for Review with the GLC CEO within 10 days of receipt of the Executive Order. CEO inaction for 30 days is deemed a denial, after which judicial review may be sought.
• De novo review (for rule interpretation): When courts interpret the meaning of legal texts such as agency rules, they examine the text afresh, focusing on ordinary meaning, structure, and context.
• Standards of review on the merits: The CEO cannot reverse hearing officer fact findings if any evidence supports them and may reverse legal conclusions only if clearly erroneous, arbitrary, capricious, or beyond jurisdiction. The superior court reviews the CEO’s decision—facts against the weight of the evidence (OCGA § 5-5-21) and legal conclusions for error of law.

Conclusion

The Supreme Court of Georgia’s decision establishes a definitive procedural rule for GLC COAM arbitrations: only a hearing officer’s Executive Order—the singular, capitalized, post-hearing decision that resolves all issues and sets penalties—is an appealable order that triggers the 10-day intra-agency review period. Nonfinal interim awards are not appealable, and a party does not waive appellate rights by declining to seek review of such interim rulings.

By grounding its holding in the text and structure of GLC Rules 13.2.4 and 13.2.5 and the broader arbitration context contemplated by OCGA § 50-27-102(c), the Court promotes clarity, finality, and procedural fairness. The reversal of the dismissal and the disapproval of Lucky Fortune to the extent inconsistent will meaningfully guide practitioners, hearing officers, and courts in future COAM proceedings, reducing unnecessary interlocutory skirmishes and ensuring that administrative and judicial review proceeds from a complete, final record.

Key Takeaway: For GLC COAM disputes, calendar the 10-day review deadline from receipt of the Executive Order (final award)—not from any interim ruling—and pursue CEO review and subsequent judicial review accordingly.