Sparks v. Caldwell
| Decision Date | 23 October 1979 |
| Docket Number | No. 35465,35465 |
| Citation | 261 S.E.2d 590,244 Ga. 530 |
| Parties | SPARKS v. CALDWELL et al. |
| Court | Georgia Supreme Court |
Mary Brock Ken, Decatur, for appellant.
Arthur K. Bolton, Atty. Gen., George P. Shingler, Asst. Atty. Gen., for appellees.
This case involves the timeliness of the filing of a notice of appeal from the claims examiner to the appeals referee under the Employment Security Act. The Board of Review and the DeKalb Superior Court affirmed the dismissal. Sparks raised his constitutional attack on the notice of appeal provision, Code Ann. § 54-612(3), for the first time in the superior court. His challenge comes too late. Under our decisions, the challenge must first be made before the agency. Code Ann. § 3A-120(c). See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516, 255 S.E.2d 38 (1979); Elson's Book Store v. Buice, 227 Ga. 170, 179 S.E.2d 250 (1971).
Judgment affirmed.
All the Justices concur.
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