O.C.G.A. § 45-13-22 — GA Code / Title 45 / Chapter 13 / Section 45-13-22
Georgia Code Title 45. Public Officers and Employees § 45-13-22
Status: in_force

(a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the distribution requirements of electronic version and hard-bound volumes of Georgia Laws. Hard-bound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the electronic version and bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section.

(a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the distribution requirements of electronic version and hard-bound volumes of Georgia Laws. Hard-bound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the electronic version and bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section.

(b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his or her successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same. The prices at which such volumes are to be sold shall be determined by the Secretary of State. In determining such prices the Secretary of State shall take into account the approximate cost to the state of producing such volumes and the usual and customary cost of comparable publications. Receipts from such sales shall be deposited by the Secretary of State into the general fund of the state treasury.

(b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his or her successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same. The prices at which such volumes are to be sold shall be determined by the Secretary of State. In determining such prices the Secretary of State shall take into account the approximate cost to the state of producing such volumes and the usual and customary cost of comparable publications. Receipts from such sales shall be deposited by the Secretary of State into the general fund of the state treasury.

(c) Each of the officers, offices, and other entities listed in this subsection shall be authorized to order up to the indicated numbers of sets of the Georgia Laws from each legislative session. The numbers of sets authorized for each such officer, office, and entity shall be as follows: (1) Law Department--33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department--one set; (3) Library of Congress-- one set; (4) University of Georgia-- two sets; (5) Supreme Court of Georgia--12 sets, which number may be increased by written order of the Chief Justice; (6) Court of Appeals of Georgia--13 sets, which number may be increased by written order of the Chief Judge; (7) Administrative Office of the Courts--one set; (8) Each superior court judge--one set; (8.1) Each clerk of superior court--one set; (9) Each district attorney--one set; (10) Each judge of probate court-- two sets, of which one set may be retained for the judge's own use and one set may be issued to the county attorney; (11) Each state court--one set; (12) Each magistrate court--one set; (13) United States Supreme Court--one set; (14) United States Court of Appeals for the Eleventh Circuit--one set; (15) United States District Courts for the State of Georgia--six sets; (16) Clerk of the House of Representatives--five sets; (17) Each member of the General Assembly--one set; (18) House Judiciary Committee--one set; (19) House Majority Leader--one set; (20) House Minority Leader--one set; (21) House Budget and Research Office and Senate Budget and Evaluation Office--one set each; (22) Legislative counsel--15 sets, which number may be increased by written order of the legislative counsel; (23) Legislative fiscal officer--one set; (24) President of the Senate--one set; (25) President pro tempore of the Senate--one set; (26) Secretary of the Senate--three sets; (27) Speaker of the House--one set; and (28) Senate Judiciary Committee--one set.

(c) Each of the officers, offices, and other entities listed in this subsection shall be authorized to order up to the indicated numbers of sets of the Georgia Laws from each legislative session. The numbers of sets authorized for each such officer, office, and entity shall be as follows:

(1) Law Department--33 sets, which number may be increased by written order of the Attorney General;

(1) Law Department--33 sets, which number may be increased by written order of the Attorney General;

(2) Each state agency or department--one set;

(2) Each state agency or department--one set;

(3) Library of Congress-- one set;

(3) Library of Congress-- one set;

(4) University of Georgia-- two sets;

(4) University of Georgia-- two sets;

(5) Supreme Court of Georgia--12 sets, which number may be increased by written order of the Chief Justice;

(5) Supreme Court of Georgia--12 sets, which number may be increased by written order of the Chief Justice;

(6) Court of Appeals of Georgia--13 sets, which number may be increased by written order of the Chief Judge;

(6) Court of Appeals of Georgia--13 sets, which number may be increased by written order of the Chief Judge;

(7) Administrative Office of the Courts--one set;

(7) Administrative Office of the Courts--one set;

(8) Each superior court judge--one set;

(8) Each superior court judge--one set;

(8.1) Each clerk of superior court--one set;

(8.1) Each clerk of superior court--one set;

(9) Each district attorney--one set;

(9) Each district attorney--one set;

(10) Each judge of probate court-- two sets, of which one set may be retained for the judge's own use and one set may be issued to the county attorney;

(10) Each judge of probate court-- two sets, of which one set may be retained for the judge's own use and one set may be issued to the county attorney;

(11) Each state court--one set;

(11) Each state court--one set;

(12) Each magistrate court--one set;

(12) Each magistrate court--one set;

(13) United States Supreme Court--one set;

(13) United States Supreme Court--one set;

(14) United States Court of Appeals for the Eleventh Circuit--one set;

(14) United States Court of Appeals for the Eleventh Circuit--one set;

(15) United States District Courts for the State of Georgia--six sets;

(15) United States District Courts for the State of Georgia--six sets;

(16) Clerk of the House of Representatives--five sets;

(16) Clerk of the House of Representatives--five sets;

(17) Each member of the General Assembly--one set;

(17) Each member of the General Assembly--one set;

(18) House Judiciary Committee--one set;

(18) House Judiciary Committee--one set;

(19) House Majority Leader--one set;

(19) House Majority Leader--one set;

(20) House Minority Leader--one set;

(20) House Minority Leader--one set;

(21) House Budget and Research Office and Senate Budget and Evaluation Office--one set each;

(21) House Budget and Research Office and Senate Budget and Evaluation Office--one set each;

(22) Legislative counsel--15 sets, which number may be increased by written order of the legislative counsel;

(22) Legislative counsel--15 sets, which number may be increased by written order of the legislative counsel;

(23) Legislative fiscal officer--one set;

(23) Legislative fiscal officer--one set;

(24) President of the Senate--one set;

(24) President of the Senate--one set;

(25) President pro tempore of the Senate--one set;

(25) President pro tempore of the Senate--one set;

(26) Secretary of the Senate--three sets;

(26) Secretary of the Senate--three sets;

(27) Speaker of the House--one set; and

(27) Speaker of the House--one set; and

(28) Senate Judiciary Committee--one set.

(28) Senate Judiciary Committee--one set.

(d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session; provided, however, that such officers, offices, and entities shall pay the Secretary of State the cost of acquisition of such volumes: (1) Law Department--four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department--one set; (3) State Archives--one set; (4) Georgia Historical Society--two sets; (5) Each foreign government and each state participating in an exchange and depository program--one set; (6) Library of Congress--two sets; (7) Augusta College--one set; (8) Georgia Institute of Technology--one set; (9) Georgia State University--one set; (10) University of Georgia--seven sets; (11) Department of Administrative Services--one set; (12) Department of Human Services--one set; (13) Supreme Court of Georgia--as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia--as requested in writing by the Chief Judge; (15) Each judge of probate court--one set; (16) Legislative counsel--five sets; (17) Legislative fiscal officer--nine sets; (18) Each member of the House of Representatives--one set; (19) Speaker of the House--one set; (20) Clerk of the House of Representatives--three sets; (21) House Judiciary Committee--one set; (22) House Majority Leader--one set; (23) House Minority Leader--one set; (24) Each member of the Senate--one set; (25) President of the Senate--one set; (26) President pro tempore of the Senate--one set; (27) Secretary of the Senate--three sets; and (28) Senate Judiciary Committee--one set.

(d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session; provided, however, that such officers, offices, and entities shall pay the Secretary of State the cost of acquisition of such volumes:

(1) Law Department--four sets, which number may be increased by written order of the Attorney General;

(1) Law Department--four sets, which number may be increased by written order of the Attorney General;

(2) Each state agency or department--one set;

(2) Each state agency or department--one set;

(3) State Archives--one set;

(3) State Archives--one set;

(4) Georgia Historical Society--two sets;

(4) Georgia Historical Society--two sets;

(5) Each foreign government and each state participating in an exchange and depository program--one set;

(5) Each foreign government and each state participating in an exchange and depository program--one set;

(6) Library of Congress--two sets;

(6) Library of Congress--two sets;

(7) Augusta College--one set;

(7) Augusta College--one set;

(8) Georgia Institute of Technology--one set;

(8) Georgia Institute of Technology--one set;

(9) Georgia State University--one set;

(9) Georgia State University--one set;

(10) University of Georgia--seven sets;

(10) University of Georgia--seven sets;

(11) Department of Administrative Services--one set;

(11) Department of Administrative Services--one set;

(12) Department of Human Services--one set;

(12) Department of Human Services--one set;

(13) Supreme Court of Georgia--as requested in writing by the Chief Justice;

(13) Supreme Court of Georgia--as requested in writing by the Chief Justice;

(14) Court of Appeals of Georgia--as requested in writing by the Chief Judge;

(14) Court of Appeals of Georgia--as requested in writing by the Chief Judge;

(15) Each judge of probate court--one set;

(15) Each judge of probate court--one set;

(16) Legislative counsel--five sets;

(16) Legislative counsel--five sets;

(17) Legislative fiscal officer--nine sets;

(17) Legislative fiscal officer--nine sets;

(18) Each member of the House of Representatives--one set;

(18) Each member of the House of Representatives--one set;

(19) Speaker of the House--one set;

(19) Speaker of the House--one set;

(20) Clerk of the House of Representatives--three sets;

(20) Clerk of the House of Representatives--three sets;

(21) House Judiciary Committee--one set;

(21) House Judiciary Committee--one set;

(22) House Majority Leader--one set;

(22) House Majority Leader--one set;

(23) House Minority Leader--one set;

(23) House Minority Leader--one set;

(24) Each member of the Senate--one set;

(24) Each member of the Senate--one set;

(25) President of the Senate--one set;

(25) President of the Senate--one set;

(26) President pro tempore of the Senate--one set;

(26) President pro tempore of the Senate--one set;

(27) Secretary of the Senate--three sets; and

(27) Secretary of the Senate--three sets; and

(28) Senate Judiciary Committee--one set.

(28) Senate Judiciary Committee--one set.

(e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he or she deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsection (c) of this Code section.

(e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he or she deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsection (c) of this Code section.

(f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsection (c) or (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect for two years. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection.

(f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsection (c) or (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect for two years. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection.

(g) The Secretary of State shall reserve five copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he or she shall hold in reserve one copy of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State.

(g) The Secretary of State shall reserve five copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he or she shall hold in reserve one copy of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State.

(h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State may distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government.

(h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State may distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government.
O.C.G.A. § 45-4-24 — GA Code / Title 45 / Chapter 4 / Section 45-4-24
Georgia Code Title 45. Public Officers and Employees § 45-4-24
Status: in_force

(a) Every official bond executed under this chapter is obligatory on the principal and sureties thereon: (1) For any breach of the condition during the time the officer shall continue in office or discharge any of the duties thereof; (2) For any breach of the condition by a deputy, although not expressed in such bond, unless otherwise declared by law; (3) For the faithful discharge of any duties which may be required of such officer by any law passed subsequent to the execution of such bond, although no such condition is expressed therein; or (4) For the use and benefit of every person who is injured, either by any wrongful act committed under color of his office or by his failure to perform or by the improper or neglectful performance of those duties imposed by law.

(a) Every official bond executed under this chapter is obligatory on the principal and sureties thereon:

(1) For any breach of the condition during the time the officer shall continue in office or discharge any of the duties thereof;

(1) For any breach of the condition during the time the officer shall continue in office or discharge any of the duties thereof;

(2) For any breach of the condition by a deputy, although not expressed in such bond, unless otherwise declared by law;

(2) For any breach of the condition by a deputy, although not expressed in such bond, unless otherwise declared by law;

(3) For the faithful discharge of any duties which may be required of such officer by any law passed subsequent to the execution of such bond, although no such condition is expressed therein; or

(3) For the faithful discharge of any duties which may be required of such officer by any law passed subsequent to the execution of such bond, although no such condition is expressed therein; or

(4) For the use and benefit of every person who is injured, either by any wrongful act committed under color of his office or by his failure to perform or by the improper or neglectful performance of those duties imposed by law.

(4) For the use and benefit of every person who is injured, either by any wrongful act committed under color of his office or by his failure to perform or by the improper or neglectful performance of those duties imposed by law.

(b) No claim or cause of action shall exist against the bond, the surety, or the principal, and no claim or cause of action for indemnification by the surety against the principal shall exist, unless one of the following conditions exists: (1) The principal personally benefits financially from the act complained of; or (2) The principal was personally aware of and had actual knowledge of the act complained of; had actual knowledge that the act was illegal, contrary to law, or the breach of a duty imposed by law; and either acted to cause or failed to prevent the act complained of.

(b) No claim or cause of action shall exist against the bond, the surety, or the principal, and no claim or cause of action for indemnification by the surety against the principal shall exist, unless one of the following conditions exists:

(1) The principal personally benefits financially from the act complained of; or

(1) The principal personally benefits financially from the act complained of; or

(2) The principal was personally aware of and had actual knowledge of the act complained of; had actual knowledge that the act was illegal, contrary to law, or the breach of a duty imposed by law; and either acted to cause or failed to prevent the act complained of.

(2) The principal was personally aware of and had actual knowledge of the act complained of; had actual knowledge that the act was illegal, contrary to law, or the breach of a duty imposed by law; and either acted to cause or failed to prevent the act complained of.
O.C.G.A. § 45-16-46 — GA Code / Title 45 / Chapter 16 / Section 45-16-46
Georgia Code Title 45. Public Officers and Employees § 45-16-46
Status: in_force

When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his or her consent to the taking of a sample of blood for analytical purposes, the coroner or peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at the medical examiner's direction. The medical examiner or his or her designee shall be entitled to a fee set in accordance with Code Section 35-3-151 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22 . The peace officer may also request any licensed physician, nurse, emergency medical technician, medical or laboratory technician, or other qualified person to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a report shall be submitted by the division to the submitting officer.
O.C.G.A. § 45-12-154 — GA Code / Title 45 / Chapter 12 / Section 45-12-154
Georgia Code Title 45. Public Officers and Employees § 45-12-154
Status: in_force

No later than July 1, 2020, upon the receipt of data by the GDAC Project pursuant to this part, and on an annual basis thereafter, the office shall publish a report that is made available and accessible to the General Assembly consisting of:

(1) A description of the implementation of the GDAC Project, including identification of the sources and types of data received and maintained by the GDAC Project over the prior 12 months;

(1) A description of the implementation of the GDAC Project, including identification of the sources and types of data received and maintained by the GDAC Project over the prior 12 months;

(2) A list of all aggregated data maintained by the GDAC Project;

(2) A list of all aggregated data maintained by the GDAC Project;

(3) A description of each IRB approved disclosure of data or data sets by the GDAC Project;

(3) A description of each IRB approved disclosure of data or data sets by the GDAC Project;

(4) A list of publications and other reports based on GDAC Project data;

(4) A list of publications and other reports based on GDAC Project data;

(5) A strategic plan for achieving the purposes of this part during the successive 12 month period; and

(5) A strategic plan for achieving the purposes of this part during the successive 12 month period; and

(6) Any other information deemed appropriate by the office.

(6) Any other information deemed appropriate by the office.
O.C.G.A. § 45-12-33 — GA Code / Title 45 / Chapter 12 / Section 45-12-33
Georgia Code Title 45. Public Officers and Employees § 45-12-33
Status: in_force

Whenever the Governor shall promulgate emergency rules and regulations, such rules and regulations shall be published and posted during the emergency in the area affected; and copies of the rules shall be filed with the Secretary of State and shall be a part of the public record.
O.C.G.A. § 45-17-11 — GA Code / Title 45 / Chapter 17 / Section 45-17-11
Georgia Code Title 45. Public Officers and Employees § 45-17-11
Status: in_force

(a) The fees of notaries public shall be as follows: (1) Administering an oath in any case․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ $ 2.00 (2) Each attendance on any person to make proof as a notary public and certifying to same 2.00 (3) Every other certificate․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ 2.00

(a) The fees of notaries public shall be as follows:

(1)

Administering an oath in any case․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ 2.00

(2)

Each attendance on any person to make proof as a notary public and certifying to same

2.00

(3)

Every other certificate․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

2.00

(b) It shall not be lawful for any notary public to charge a greater sum than $ 4.00 for each service performed. Said sum shall include a fee of $ 2.00 for performing the notarial act and a fee of $ 2.00 for an attendance to make proof as a notary public and certifying to same if such certification, which shall be issued by the clerk of superior court of the county in which the notary public was appointed or the Georgia Superior Court Clerks' Cooperative Authority, is required. Registering shall be paid for by the party who has the service performed. The fee for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them.

(b) It shall not be lawful for any notary public to charge a greater sum than $ 4.00 for each service performed. Said sum shall include a fee of $ 2.00 for performing the notarial act and a fee of $ 2.00 for an attendance to make proof as a notary public and certifying to same if such certification, which shall be issued by the clerk of superior court of the county in which the notary public was appointed or the Georgia Superior Court Clerks' Cooperative Authority, is required. Registering shall be paid for by the party who has the service performed. The fee for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them.

(c) A notary public need not charge fees for notarial acts.

(c) A notary public need not charge fees for notarial acts.

(d) A notary public shall inform the person requesting any notarial act, prior to performing the act, the fees permitted for each act.

(d) A notary public shall inform the person requesting any notarial act, prior to performing the act, the fees permitted for each act.
O.C.G.A. § 45-8-10 — GA Code / Title 45 / Chapter 8 / Section 45-8-10
Georgia Code Title 45. Public Officers and Employees § 45-8-10
Status: in_force

All funds belonging to the state or to any of its bureaus, commissions, boards, or departments shall be deposited in designated state depositories. Every collecting officer and every officer to hold public funds who receives any money belonging to any public body shall promptly deposit the money in a designated state depository.
O.C.G.A. § 45-12-20 — GA Code / Title 45 / Chapter 12 / Section 45-12-20
Georgia Code Title 45. Public Officers and Employees § 45-12-20
Status: in_force

The Governor shall grant commissions to all officers, including senators and representatives in Congress, required to hold them and in all cases may, in his discretion, issue a dedimus potestatem to officers authorized to administer oaths requiring qualification of the officers-elect as provided by law. The forms of commissions shall be in the discretion of the Governor. Commissions thus issued shall be final, except where the Constitution and laws of Georgia shall otherwise provide.
O.C.G.A. § 45-16-1 — GA Code / Title 45 / Chapter 16 / Section 45-16-1
Georgia Code Title 45. Public Officers and Employees § 45-16-1
Status: in_force

(a) Coroners are elected, commissioned, and removed as are clerks of the superior courts; and coroners shall hold their offices for four years.

(a) Coroners are elected, commissioned, and removed as are clerks of the superior courts; and coroners shall hold their offices for four years.

(b)(1) No person shall be eligible to offer for election to or to hold the office of coroner unless he or she: (A) Is a citizen of the United States; (B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and (G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner. (2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.

(b)(1) No person shall be eligible to offer for election to or to hold the office of coroner unless he or she: (A) Is a citizen of the United States; (B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and (G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.

(b)(1) No person shall be eligible to offer for election to or to hold the office of coroner unless he or she:

(A) Is a citizen of the United States;

(A) Is a citizen of the United States;

(B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office;

(B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office;

(C) Is a registered voter;

(C) Is a registered voter;

(D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office;

(D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office;

(E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;

(E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;

(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and

(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and

(G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.

(G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.

(2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.

(2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.

(c) Notwithstanding any other provision of law, any person holding office as the mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census is specifically authorized to serve simultaneously as coroner; and any person holding the office of coroner is specifically authorized to serve simultaneously as mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census.

(c) Notwithstanding any other provision of law, any person holding office as the mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census is specifically authorized to serve simultaneously as coroner; and any person holding the office of coroner is specifically authorized to serve simultaneously as mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census.
O.C.G.A. § 45-18-26 — GA Code / Title 45 / Chapter 18 / Section 45-18-26
Georgia Code Title 45. Public Officers and Employees § 45-18-26
Status: in_force

(a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund.

(a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund.

(b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits.

(b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits.
O.C.G.A. § 45-4-27 — GA Code / Title 45 / Chapter 4 / Section 45-4-27
Georgia Code Title 45. Public Officers and Employees § 45-4-27
Status: in_force

Official bonds of public officers shall not be discharged by a single recovery, but proceedings against the officer or his sureties or both may be had from time to time until the whole penalty is exhausted; and said bonds are joint and several whether or not so set forth.
O.C.G.A. § 45-13-48 — GA Code / Title 45 / Chapter 13 / Section 45-13-48
Georgia Code Title 45. Public Officers and Employees § 45-13-48
Status: in_force

The commission shall terminate on the date that is 30 days after the date the completion of the activities under this article honoring the centennial observation of World War I or December 31, 2019, whichever date is earlier.
O.C.G.A. § 45-24-5 — GA Code / Title 45 / Chapter 24 / Section 45-24-5
Georgia Code Title 45. Public Officers and Employees § 45-24-5
Status: in_force

An employer contemplating the involuntary separation from state service of an officer or employee shall notify the chairperson of the commission at least 90 but not more than 120 days prior to the proposed date of the separation. Pending the completion of such procedures, the employee or officer proposed for termination shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and shall include the following information:

(1) The name and current annual compensation of the officer or employee proposed for involuntary separation;

(1) The name and current annual compensation of the officer or employee proposed for involuntary separation;

(2) The age, length of service, current job description, and summary of the work experience of the officer or employee proposed for involuntary separation;

(2) The age, length of service, current job description, and summary of the work experience of the officer or employee proposed for involuntary separation;

(3) The educational qualifications of the officer or employee proposed for involuntary separation; and

(3) The educational qualifications of the officer or employee proposed for involuntary separation; and

(4) An explanation of the reasons for the proposed involuntary separation of the officer or employee.

(4) An explanation of the reasons for the proposed involuntary separation of the officer or employee.
O.C.G.A. § 45-16-60 — GA Code / Title 45 / Chapter 16 / Section 45-16-60
Georgia Code Title 45. Public Officers and Employees § 45-16-60
Status: in_force

This article shall be known as “The Georgia Coroner's Training Council Act.”
O.C.G.A. § 45-13-47 — GA Code / Title 45 / Chapter 13 / Section 45-13-47
Georgia Code Title 45. Public Officers and Employees § 45-13-47
Status: in_force

(a) Not later than December 31, 2015, and not later than the last day of each three-month period thereafter, the commission shall submit to the General Assembly and the Governor a report on the activities and plans of the commission.

(a) Not later than December 31, 2015, and not later than the last day of each three-month period thereafter, the commission shall submit to the General Assembly and the Governor a report on the activities and plans of the commission.

(b) Not later than June 30, 2017, the commission shall submit to General Assembly and Governor a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities.

(b) Not later than June 30, 2017, the commission shall submit to General Assembly and Governor a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities.
O.C.G.A. § 45-22-2 — GA Code / Title 45 / Chapter 22 / Section 45-22-2
Georgia Code Title 45. Public Officers and Employees § 45-22-2
Status: in_force

As used in this chapter, the term:

(1) “ Appointing authority ” means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government.

(1) “ Appointing authority ” means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government.

(2) “ Article ” means a finished product or manufactured item: (A) Which is formed to a specific shape or design during manufacture; (B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and (C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article.

(2) “ Article ” means a finished product or manufactured item:

(A) Which is formed to a specific shape or design during manufacture;

(A) Which is formed to a specific shape or design during manufacture;

(B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and

(B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and

(C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article.

(C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article.

(3) “ Chemical name ” means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.

(3) “ Chemical name ” means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.

(4) “ Common name ” means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name.

(4) “ Common name ” means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name.

(5) “ Contractor ,” “ independent contractor ,” or “ public contractor ” means any person under a contract or agreement to provide labor or services to a public employer.

(5) “ Contractor ,” “ independent contractor ,” or “ public contractor ” means any person under a contract or agreement to provide labor or services to a public employer.

(6) “ Department ” means the office of the Safety Fire Commissioner.

(6) “ Department ” means the office of the Safety Fire Commissioner.

(7) “ Distributor ” means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors.

(7) “ Distributor ” means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors.

(8) “ Employee ” or “ public employee ” means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies.

(8) “ Employee ” or “ public employee ” means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies.

(9) “ Employer ” or “ public employer ” means any branch, department, board, bureau, commission, authority, or other agency of the state which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer.

(9) “ Employer ” or “ public employer ” means any branch, department, board, bureau, commission, authority, or other agency of the state which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer.

(10) “ Exposed ” or “ exposure ” means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure.

(10) “ Exposed ” or “ exposure ” means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure.

(11) “ Hazardous chemical ” means any chemical which is a physical hazard or a health hazard.

(11) “ Hazardous chemical ” means any chemical which is a physical hazard or a health hazard.

(12) “ Health hazard ” means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees and shall include all examples of hazardous chemicals to which reference is made in the definition of “health hazard” under the Occupational Safety and Health Administration standard, 29 C.F.R. Section 1910.1200 (1987) .

(12) “ Health hazard ” means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees and shall include all examples of hazardous chemicals to which reference is made in the definition of “health hazard” under the Occupational Safety and Health Administration standard, 29 C.F.R. Section 1910.1200 (1987) .

(13) “ Importer ” means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States.

(13) “ Importer ” means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States.

(14) “ Manufacturer ” means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals.

(14) “ Manufacturer ” means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals.

(15) “ Material safety data sheet ” means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the following information: (A) The chemical name and the common name of the hazardous chemical; (B) The hazards or other risks in the use of the hazardous chemical, including: (i) The potential for fire, explosion, corrosivity, and reactivity; (ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and (iii) The primary routes of entry and the symptoms of overexposure; (C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure; (D) The emergency procedures for spills, fire, disposal, and first aid; (E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and (F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

(15) “ Material safety data sheet ” means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the following information:

(A) The chemical name and the common name of the hazardous chemical;

(A) The chemical name and the common name of the hazardous chemical;

(B) The hazards or other risks in the use of the hazardous chemical, including: (i) The potential for fire, explosion, corrosivity, and reactivity; (ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and (iii) The primary routes of entry and the symptoms of overexposure;

(B) The hazards or other risks in the use of the hazardous chemical, including:

(i) The potential for fire, explosion, corrosivity, and reactivity;

(i) The potential for fire, explosion, corrosivity, and reactivity;

(ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and

(ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and

(iii) The primary routes of entry and the symptoms of overexposure;

(iii) The primary routes of entry and the symptoms of overexposure;

(C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure;

(C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure;

(D) The emergency procedures for spills, fire, disposal, and first aid;

(D) The emergency procedures for spills, fire, disposal, and first aid;

(E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and

(E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and

(F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

(F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

(16) “ Mixture ” means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction.

(16) “ Mixture ” means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction.

(17) “ Occupational Safety and Health Administration standard ” means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) .

(17) “ Occupational Safety and Health Administration standard ” means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) .

(18) “ Person ” means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association.

(18) “ Person ” means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association.

(19) “ Physical hazard ” means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.

(19) “ Physical hazard ” means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.

(20) “ Produce ” means to manufacture, process, formulate, or repackage.

(20) “ Produce ” means to manufacture, process, formulate, or repackage.

(21) “ Work area ” means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment.

(21) “ Work area ” means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment.

(22) “ Workplace ” means an establishment or business at one geographic location at which work is performed by a state employee and which contains one or more work areas. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor.

(22) “ Workplace ” means an establishment or business at one geographic location at which work is performed by a state employee and which contains one or more work areas. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor.
O.C.G.A. § 45-16-61 — GA Code / Title 45 / Chapter 16 / Section 45-16-61
Georgia Code Title 45. Public Officers and Employees § 45-16-61
Status: in_force

As used in this article, the term:

(1) “Certified coroner” means a coroner who has the appropriate required certificate of training issued by the council on file with the Board of Public Safety.

(1) “Certified coroner” means a coroner who has the appropriate required certificate of training issued by the council on file with the Board of Public Safety.

(2) “Coroner” means any person appointed or elected in a county to serve as coroner or deputy coroner.

(2) “Coroner” means any person appointed or elected in a county to serve as coroner or deputy coroner.

(3) “Council” means the Georgia Coroner's Training Council.

(3) “Council” means the Georgia Coroner's Training Council.

(4) “School” means any school, college, university, academy, or training program approved by the council and the Board of Public Safety which offers basic, in-service, advanced, specialized, or continuing training, or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meets the standards required by the council.

(4) “School” means any school, college, university, academy, or training program approved by the council and the Board of Public Safety which offers basic, in-service, advanced, specialized, or continuing training, or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meets the standards required by the council.
O.C.G.A. § 45-18-33 — GA Code / Title 45 / Chapter 18 / Section 45-18-33
Georgia Code Title 45. Public Officers and Employees § 45-18-33
Status: in_force

Notwithstanding any other provision of law to the contrary, in order to carry out the provisions of the deferred compensation plan, the state or any county, municipality, or other political subdivision is authorized to make payments for the purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from the deferral of compensation. Such payments shall not be construed to be a prohibited use of the general assets of the state, county, municipality, or other political subdivision. The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall have the power to arrange for a custodian for the holding of such insurance policies, funds, investments, and other assets of the fund.
O.C.G.A. § 45-19-40 — GA Code / Title 45 / Chapter 19 / Section 45-19-40
Georgia Code Title 45. Public Officers and Employees § 45-19-40
Status: in_force

Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master unappealed from or of a final order of a special master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court.
O.C.G.A. § 45-17-1-1 — GA Code / Title 45 / Chapter 17 / Section 45-17-1-1
Georgia Code Title 45. Public Officers and Employees § 45-17-1.1
Status: in_force

The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time.
O.C.G.A. § 45-12-177 — GA Code / Title 45 / Chapter 12 / Section 45-12-177
Georgia Code Title 45. Public Officers and Employees § 45-12-177
Status: in_force

(a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies.

(a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies.

(b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. A program budget report shall satisfy this requirement. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 2006 session.

(b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. A program budget report shall satisfy this requirement. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 2006 session.
O.C.G.A. § 45-17-6 — GA Code / Title 45 / Chapter 17 / Section 45-17-6
Georgia Code Title 45. Public Officers and Employees § 45-17-6
Status: in_force

(a)(1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words “Notary Public,” the name of the state, and the county of his residence; or it shall have for its impression his name and the words “Notary Public, Georgia, State at Large.” Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words “Notary Public,” the name of the state, and the county of his appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal. (2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal.

(a)(1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words “Notary Public,” the name of the state, and the county of his residence; or it shall have for its impression his name and the words “Notary Public, Georgia, State at Large.” Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words “Notary Public,” the name of the state, and the county of his appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal.

(a)(1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words “Notary Public,” the name of the state, and the county of his residence; or it shall have for its impression his name and the words “Notary Public, Georgia, State at Large.” Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words “Notary Public,” the name of the state, and the county of his appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal.

(2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal.

(2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal.

(b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public. It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public.

(b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public. It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public.
O.C.G.A. § 45-7-34 — GA Code / Title 45 / Chapter 7 / Section 45-7-34
Georgia Code Title 45. Public Officers and Employees § 45-7-34
Status: in_force

The Office of Planning and Budget shall establish such rules, regulations, and policies as are necessary to administer such a program of reimbursement for all state employees.
O.C.G.A. § 45-4-7 — GA Code / Title 45 / Chapter 4 / Section 45-4-7
Georgia Code Title 45. Public Officers and Employees § 45-4-7
Status: in_force

All county officials who are required to give an official bond shall make bond signed by some surety or guaranty company authorized to do business in this state. The premiums due on all such bonds must be paid by the county fiscal authorities out of county funds, and it shall be mandatory upon the county fiscal authorities in every county in the state to pay the premiums due on all such bonds out of county funds. This Code section shall not apply to county school superintendents' bonds.
O.C.G.A. § 45-15-16 — GA Code / Title 45 / Chapter 15 / Section 45-15-16
Georgia Code Title 45. Public Officers and Employees § 45-15-16
Status: in_force

When the Attorney General shall assign any assistant attorney general, deputy assistant attorney general, special deputy assistant attorney general, or attorney to perform specific legal services requested by any state authority or legal service requested in connection with the validation of any bonds issued or to be issued by any state authority, the state authority requesting such services shall reimburse the Department of Law for such services as provided in Code Section 45-15-15 .
O.C.G.A. § 45-4-17 — GA Code / Title 45 / Chapter 4 / Section 45-4-17
Georgia Code Title 45. Public Officers and Employees § 45-4-17
Status: in_force

The judge of the probate court must sign a certificate to the Governor stating that the clerks of the superior courts, chief magistrates, magistrates, sheriffs, coroners, county surveyors, county treasurers, county tax collectors, and county tax receivers have taken the oaths and given the bonds sent from the office of the Governor, together with a statement of the dates, amounts, and names of the sureties of each and that the judges of the probate court have delivered to such officers their commissions. The certificate and statement shall be attested by the clerk of said court, if any, and immediately transmitted to the Governor.
O.C.G.A. § 45-3-2 — GA Code / Title 45 / Chapter 3 / Section 45-3-2
Georgia Code Title 45. Public Officers and Employees § 45-3-2
Status: in_force

The form of the oath prescribed in Code Section 45-3-1 and the oath of office to be taken and subscribed shall be forwarded with the dedimus potestatem and shall be taken and subscribed at the time of receiving the commission before the officer to whom the same is directed and in conformity with any directions.
O.C.G.A. § 45-7-56 — GA Code / Title 45 / Chapter 7 / Section 45-7-56
Georgia Code Title 45. Public Officers and Employees § 45-7-56
Status: in_force

(a) As used in this Code section, the term “ local unit of administration ” means any county or independent board of education.

(a) As used in this Code section, the term “ local unit of administration ” means any county or independent board of education.

(b) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for the purchase of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purchase of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services.

(b) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for the purchase of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purchase of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services.

(c) Any department, agency, authority, or commission of the state or any local unit of administration is authorized to deduct designated amounts from the wages or salaries from its employees for the purpose of facilitating employee purchases of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purpose of facilitating employee purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services. No such deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such salary reduction with two weeks' written notice; provided, however, that such withdrawal shall not relieve any employee of any outstanding indebtedness incurred under such purchase program.

(c) Any department, agency, authority, or commission of the state or any local unit of administration is authorized to deduct designated amounts from the wages or salaries from its employees for the purpose of facilitating employee purchases of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purpose of facilitating employee purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services. No such deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such salary reduction with two weeks' written notice; provided, however, that such withdrawal shall not relieve any employee of any outstanding indebtedness incurred under such purchase program.

(d)(1) The fiscal authorities or other employees of the various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee. (2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another.

(d)(1) The fiscal authorities or other employees of the various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee.

(d)(1) The fiscal authorities or other employees of the various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee.

(2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee.

(2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another.

(e) If a state employee or public school employee leaves employment for any reason and a balance is owing for the computer, equipment, or consumer offering, then, in that event, the state or board of education or the state retirement system shall have the right to deduct the balance owing from any funds under the control of the state or board of education or state retirement system to which said employee would otherwise be entitled.

(e) If a state employee or public school employee leaves employment for any reason and a balance is owing for the computer, equipment, or consumer offering, then, in that event, the state or board of education or the state retirement system shall have the right to deduct the balance owing from any funds under the control of the state or board of education or state retirement system to which said employee would otherwise be entitled.
O.C.G.A. § 45-18-5 — GA Code / Title 45 / Chapter 18 / Section 45-18-5
Georgia Code Title 45. Public Officers and Employees § 45-18-5
Status: in_force

(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this part. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this part. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this part. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this part. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this part of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this part. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this part. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this part of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this part of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this part of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918 . It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918 . Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment.

(c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918 . It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918 . Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment.

(d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section.

(d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section.

(e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits.

(e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits.
O.C.G.A. § 45-17-31 — GA Code / Title 45 / Chapter 17 / Section 45-17-31
Georgia Code Title 45. Public Officers and Employees § 45-17-31
Status: in_force

Any person who (1) is a member of the armed forces of the United States, (2) is serving as a merchant seaman outside the limits of the United States, or (3) is outside the limits of the United States by permission, assignment, or direction of any department or official of the United States government in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged and the spouse, dependent child, or other dependent of such person may have instruments acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed by any commissioned officer in active service of the armed forces of the United States.
O.C.G.A. § 45-20-9 — GA Code / Title 45 / Chapter 20 / Section 45-20-9
Georgia Code Title 45. Public Officers and Employees § 45-20-9
Status: in_force

(a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations as applied to classified employees shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled.

(a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations as applied to classified employees shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled.

(b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the administrative law judge.

(b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the administrative law judge.

(c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced.

(c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced.

(d) With respect to all hearings before the board or the administrative law judge: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the administrative law judge or board, parties shall be given an opportunity to compare the copy with the original; (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; and (4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(d) With respect to all hearings before the board or the administrative law judge:

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the administrative law judge or board, parties shall be given an opportunity to compare the copy with the original;

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the administrative law judge or board, parties shall be given an opportunity to compare the copy with the original;

(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; and

(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; and

(4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial decision was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished. (2) On review of the entire record from the administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to the administrative law judge for such purpose.

(e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial decision was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished.

(e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial decision was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished.

(2) On review of the entire record from the administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to the administrative law judge for such purpose.

(2) On review of the entire record from the administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to the administrative law judge for such purpose.

(f) Unless precluded by law, informal disposition of any proceeding before the board or the administrative law judge may be made by stipulation, agreed settlement, consent order, or default.

(f) Unless precluded by law, informal disposition of any proceeding before the board or the administrative law judge may be made by stipulation, agreed settlement, consent order, or default.

(g) As a part of the initial decision or order subsequent to any hearing, the administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record.

(g) As a part of the initial decision or order subsequent to any hearing, the administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record.

(h) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all administrative remedies available before the board and who is aggrieved by a final decision or order of the board on any hearing may seek judicial review of the final decision or order of the board in the superior court of the county of the place of employment of the employee.

(h) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all administrative remedies available before the board and who is aggrieved by a final decision or order of the board on any hearing may seek judicial review of the final decision or order of the board in the superior court of the county of the place of employment of the employee.

(i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the board, and the grounds upon which the petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court.

(i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the board, and the grounds upon which the petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court.

(j) Within 30 days after the service of the petition or within further time allowed by the court, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(j) Within 30 days after the service of the petition or within further time allowed by the court, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(k) The filing of the petition shall stay the enforcement of the board's decision or order.

(k) The filing of the petition shall stay the enforcement of the board's decision or order.

(l) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board, the court may order that the additional evidence be taken before the board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court.

(l) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board, the court may order that the additional evidence be taken before the board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court.

(m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board or remand the case for further proceedings. The court may reverse the decision or order of the board if substantial rights of the petitioner have been prejudiced because the board's findings, inferences, conclusions, decisions, or orders are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the board; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board or remand the case for further proceedings. The court may reverse the decision or order of the board if substantial rights of the petitioner have been prejudiced because the board's findings, inferences, conclusions, decisions, or orders are:

(1) In violation of constitutional or statutory provisions;

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the board;

(2) In excess of the statutory authority of the board;

(3) Made upon unlawful procedure;

(3) Made upon unlawful procedure;

(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5.

(n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5.
O.C.G.A. § 45-12-91 — GA Code / Title 45 / Chapter 12 / Section 45-12-91
Georgia Code Title 45. Public Officers and Employees § 45-12-91
Status: in_force

All federal funds received by the state are continually appropriated in the exact amounts and for the purposes authorized and directed by the federal government in making the grant.
O.C.G.A. § 45-17-10 — GA Code / Title 45 / Chapter 17 / Section 45-17-10
Georgia Code Title 45. Public Officers and Employees § 45-17-10
Status: in_force

It shall not be lawful for notaries public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said matter shall issue without first having judicial approval as provided by law.
O.C.G.A. § 45-13-40 — GA Code / Title 45 / Chapter 13 / Section 45-13-40
Georgia Code Title 45. Public Officers and Employees § 45-13-40
Status: in_force

(a) There is created the Georgia World War I Centennial Commission. The commission shall consist of two members appointed by the Governor, two members appointed by the President of the Senate, and two members appointed by the Speaker of the House of Representatives. Each member of the commission shall serve for the existence of the commission. Any vacancy on the commission shall be filled by an appointment by the officer who appointed the member whose seat has become vacant.

(a) There is created the Georgia World War I Centennial Commission. The commission shall consist of two members appointed by the Governor, two members appointed by the President of the Senate, and two members appointed by the Speaker of the House of Representatives. Each member of the commission shall serve for the existence of the commission. Any vacancy on the commission shall be filled by an appointment by the officer who appointed the member whose seat has become vacant.

(b) The chairperson of the commission and vice chairperson shall be appointed by the commission from among its membership. The commission may establish such bylaws for its operation as it may deem appropriate.

(b) The chairperson of the commission and vice chairperson shall be appointed by the commission from among its membership. The commission may establish such bylaws for its operation as it may deem appropriate.
O.C.G.A. § 45-9-4-1 — GA Code / Title 45 / Chapter 9 / Section 45-9-4-1
Georgia Code Title 45. Public Officers and Employees § 45-9-4.1
Status: in_force

The Georgia Correctional Industries Administration, as a body corporate and politic, and as an instrumentality and public corporation of this state, may, at its discretion, participate in any program of self-insurance administered by the commissioner of administrative services pursuant to Code Section 45-9-4 ; and the commissioner of administrative services is authorized to extend liability coverage under such program of self-insurance to the officers, officials, or employees of the Georgia Correctional Industries Administration in the same manner as is presently or may hereafter be provided for officers, officials, or employees of any agency, board, bureau, commission, department, or authority pursuant to Code Section 45-9-4 .
O.C.G.A. § 45-20-90 — GA Code / Title 45 / Chapter 20 / Section 45-20-90
Georgia Code Title 45. Public Officers and Employees § 45-20-90
Status: in_force

As used in this article, the term:

(1) “ Employee ” means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. “Employee” shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.

(1) “ Employee ” means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. “Employee” shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.

(2) “ Established drug test ” means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979 , et seq., as amended) or other professionally valid procedures approved by the board.

(2) “ Established drug test ” means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979 , et seq., as amended) or other professionally valid procedures approved by the board.

(3) “ High-risk work ” means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public.

(3) “ High-risk work ” means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public.

(4) “ Illegal drug ” means marijuana as defined in paragraph (16) of Code Section 16-13-21 , as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21 , as amended; a dangerous drug as defined in Code Section 16-13-71 , as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term “illegal drug” shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law.

(4) “ Illegal drug ” means marijuana as defined in paragraph (16) of Code Section 16-13-21 , as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21 , as amended; a dangerous drug as defined in Code Section 16-13-71 , as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term “illegal drug” shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law.
O.C.G.A. § 45-11-2 — GA Code / Title 45 / Chapter 11 / Section 45-11-2
Georgia Code Title 45. Public Officers and Employees § 45-11-2
Status: in_force

If any person who has been elected to any office shall sell or farm out said office; or if any person shall purchase or agree to give any money or other thing of value to a person elected for the privilege of exercising the duties of said office; or if any person shall promise or agree to divide the profits, fees, or emoluments of said office with the person so elected, he shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for not less than one year nor more than three years.
O.C.G.A. § 45-10-20 — GA Code / Title 45 / Chapter 10 / Section 45-10-20
Georgia Code Title 45. Public Officers and Employees § 45-10-20
Status: in_force

As used in this part, the term:

(1) “ Agency ” means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia.

(1) “ Agency ” means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia.

(2) “ Business ” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.

(2) “ Business ” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.

(3) “ Employee ” means any person who, pursuant to a written or oral contract, is employed by an agency.

(3) “ Employee ” means any person who, pursuant to a written or oral contract, is employed by an agency.

(4) “ Family ” means spouse and dependents.

(4) “ Family ” means spouse and dependents.

(5) “ Full-time ” means 30 hours of work for the state per week for more than 26 weeks per calendar year.

(5) “ Full-time ” means 30 hours of work for the state per week for more than 26 weeks per calendar year.

(6) “ Limited powers ” means those powers other than state-wide powers.

(6) “ Limited powers ” means those powers other than state-wide powers.

(7) “ Part-time ” means any amount of work other than full-time work.

(7) “ Part-time ” means any amount of work other than full-time work.

(8) “ Person ” means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity.

(8) “ Person ” means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity.

(9) “ Public official ” means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary authority to receive and expend public funds and to perform certain functions concerning the public which are assigned to him or her by law.

(9) “ Public official ” means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary authority to receive and expend public funds and to perform certain functions concerning the public which are assigned to him or her by law.

(10) “ State-wide powers ” means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys.

(10) “ State-wide powers ” means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys.

(11) “ Substantial interest ” means the direct or indirect ownership of more than 25 percent of the assets or stock of any business.

(11) “ Substantial interest ” means the direct or indirect ownership of more than 25 percent of the assets or stock of any business.

(12) “ Transact business ” or “ transact any business ” means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative.

(12) “ Transact business ” or “ transact any business ” means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative.
O.C.G.A. § 45-15-71 — GA Code / Title 45 / Chapter 15 / Section 45-15-71
Georgia Code Title 45. Public Officers and Employees § 45-15-71
Status: in_force

(a) As used in this Code section, the term “ defendant judge ” means a Justice of the Supreme Court, judge of the Court of Appeals, judge of the Georgia State-wide Business Court, or judge of the superior court against whom an action or proceeding has been filed.

(a) As used in this Code section, the term “ defendant judge ” means a Justice of the Supreme Court, judge of the Court of Appeals, judge of the Georgia State-wide Business Court, or judge of the superior court against whom an action or proceeding has been filed.

(b)(1) There is created a fund to be known as the “Judicial Legal Defense Fund” to provide state-funded legal representation, including, but not limited to, legal costs and attorney's fees, for defendant judges in actions or proceedings in which such legal representation is authorized under this Code section by the Judicial Legal Defense Fund Commission and the Governor. (2) The Judicial Legal Defense Fund shall be administered by the director of the Office of Planning and Budget and shall be funded by disbursements made through the Governor's Emergency Fund as approved by the Governor.

(b)(1) There is created a fund to be known as the “Judicial Legal Defense Fund” to provide state-funded legal representation, including, but not limited to, legal costs and attorney's fees, for defendant judges in actions or proceedings in which such legal representation is authorized under this Code section by the Judicial Legal Defense Fund Commission and the Governor.

(b)(1) There is created a fund to be known as the “Judicial Legal Defense Fund” to provide state-funded legal representation, including, but not limited to, legal costs and attorney's fees, for defendant judges in actions or proceedings in which such legal representation is authorized under this Code section by the Judicial Legal Defense Fund Commission and the Governor.

(2) The Judicial Legal Defense Fund shall be administered by the director of the Office of Planning and Budget and shall be funded by disbursements made through the Governor's Emergency Fund as approved by the Governor.

(2) The Judicial Legal Defense Fund shall be administered by the director of the Office of Planning and Budget and shall be funded by disbursements made through the Governor's Emergency Fund as approved by the Governor.

(c)(1) There is created a body to be known as the “Judicial Legal Defense Fund Commission.” (2) The commission shall be governed by five members who shall be appointed, by and with the advice and consent of the Senate, as follows: (A) One member, who shall be a member of the judiciary, shall be appointed by the Chief Justice of the Supreme Court; (B) One member shall be appointed by the Governor; (C) One member shall be appointed by the President of the Senate; (D) One member shall be appointed by the Speaker of the House of Representatives; and (E) One member, who shall be a member of the judiciary, shall be appointed by The Council of Superior Court Judges of Georgia. (3) Members appointed to the commission shall serve a two-year term from the date of their appointment and may serve consecutive terms. (4) All successors to appointed members shall be appointed in the same manner as initial appointments. Vacancies in office of appointed members shall be filled in the same manner as initial appointments. An appointment to fill a vacancy shall be for a new term of appointment. (5) The commission shall elect a chairperson, a vice chairperson, a secretary, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. Reimbursements or expenses made to members shall be from appropriations made to the Governor's Emergency Fund. (6) The vote of at least a majority of the members present at any meeting is necessary for any action to be taken by the commission. No vacancy in the membership of the commission shall impair the commission's ability to perform its duties. (7) Meetings of the members of the commission shall be held at the call of the chairperson, or whenever any two members so request. (8) The executive director of The Council of Superior Court Judges of Georgia shall serve as staff to the commission.

(c)(1) There is created a body to be known as the “Judicial Legal Defense Fund Commission.”

(c)(1) There is created a body to be known as the “Judicial Legal Defense Fund Commission.”

(2) The commission shall be governed by five members who shall be appointed, by and with the advice and consent of the Senate, as follows: (A) One member, who shall be a member of the judiciary, shall be appointed by the Chief Justice of the Supreme Court; (B) One member shall be appointed by the Governor; (C) One member shall be appointed by the President of the Senate; (D) One member shall be appointed by the Speaker of the House of Representatives; and (E) One member, who shall be a member of the judiciary, shall be appointed by The Council of Superior Court Judges of Georgia.

(2) The commission shall be governed by five members who shall be appointed, by and with the advice and consent of the Senate, as follows:

(A) One member, who shall be a member of the judiciary, shall be appointed by the Chief Justice of the Supreme Court;

(A) One member, who shall be a member of the judiciary, shall be appointed by the Chief Justice of the Supreme Court;

(B) One member shall be appointed by the Governor;

(B) One member shall be appointed by the Governor;

(C) One member shall be appointed by the President of the Senate;

(C) One member shall be appointed by the President of the Senate;

(D) One member shall be appointed by the Speaker of the House of Representatives; and

(D) One member shall be appointed by the Speaker of the House of Representatives; and

(E) One member, who shall be a member of the judiciary, shall be appointed by The Council of Superior Court Judges of Georgia.

(E) One member, who shall be a member of the judiciary, shall be appointed by The Council of Superior Court Judges of Georgia.

(3) Members appointed to the commission shall serve a two-year term from the date of their appointment and may serve consecutive terms.

(3) Members appointed to the commission shall serve a two-year term from the date of their appointment and may serve consecutive terms.

(4) All successors to appointed members shall be appointed in the same manner as initial appointments. Vacancies in office of appointed members shall be filled in the same manner as initial appointments. An appointment to fill a vacancy shall be for a new term of appointment.

(4) All successors to appointed members shall be appointed in the same manner as initial appointments. Vacancies in office of appointed members shall be filled in the same manner as initial appointments. An appointment to fill a vacancy shall be for a new term of appointment.

(5) The commission shall elect a chairperson, a vice chairperson, a secretary, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. Reimbursements or expenses made to members shall be from appropriations made to the Governor's Emergency Fund.

(5) The commission shall elect a chairperson, a vice chairperson, a secretary, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. Reimbursements or expenses made to members shall be from appropriations made to the Governor's Emergency Fund.

(6) The vote of at least a majority of the members present at any meeting is necessary for any action to be taken by the commission. No vacancy in the membership of the commission shall impair the commission's ability to perform its duties.

(6) The vote of at least a majority of the members present at any meeting is necessary for any action to be taken by the commission. No vacancy in the membership of the commission shall impair the commission's ability to perform its duties.

(7) Meetings of the members of the commission shall be held at the call of the chairperson, or whenever any two members so request.

(7) Meetings of the members of the commission shall be held at the call of the chairperson, or whenever any two members so request.

(8) The executive director of The Council of Superior Court Judges of Georgia shall serve as staff to the commission.

(8) The executive director of The Council of Superior Court Judges of Georgia shall serve as staff to the commission.

(d) It shall be the purpose of the Judicial Legal Defense Fund Commission to: (1) Evaluate requests from defendant judges for representation through the fund in an action or proceeding. The commission shall endorse such request and representation if: (A) The Attorney General has declined to represent the defendant judge in such action or proceeding; (B) The financial liability for such representation is not covered by any insurance policy maintained by the Department of Administrative Services; and (C) The commission determines that such action or proceeding is seeking relief against such defendant judge for actions taken pursuant to, or the nonperformance of actions required by, such defendant judge's official duties and that such representation is consistent with the purposes of the fund; and (2) With the assistance of the State Bar of Georgia maintain a list of attorneys who are members in good standing with the State Bar of Georgia and who have agreed to provide legal representation for judges through the fund; provided, however, that no attorney shall be included on such list of attorneys without the approval of the Governor and each attorney on such list shall be maintained on such list only at the pleasure of the Governor.

(d) It shall be the purpose of the Judicial Legal Defense Fund Commission to:

(1) Evaluate requests from defendant judges for representation through the fund in an action or proceeding. The commission shall endorse such request and representation if: (A) The Attorney General has declined to represent the defendant judge in such action or proceeding; (B) The financial liability for such representation is not covered by any insurance policy maintained by the Department of Administrative Services; and (C) The commission determines that such action or proceeding is seeking relief against such defendant judge for actions taken pursuant to, or the nonperformance of actions required by, such defendant judge's official duties and that such representation is consistent with the purposes of the fund; and

(1) Evaluate requests from defendant judges for representation through the fund in an action or proceeding. The commission shall endorse such request and representation if:

(A) The Attorney General has declined to represent the defendant judge in such action or proceeding;

(A) The Attorney General has declined to represent the defendant judge in such action or proceeding;

(B) The financial liability for such representation is not covered by any insurance policy maintained by the Department of Administrative Services; and

(B) The financial liability for such representation is not covered by any insurance policy maintained by the Department of Administrative Services; and

(C) The commission determines that such action or proceeding is seeking relief against such defendant judge for actions taken pursuant to, or the nonperformance of actions required by, such defendant judge's official duties and that such representation is consistent with the purposes of the fund; and

(C) The commission determines that such action or proceeding is seeking relief against such defendant judge for actions taken pursuant to, or the nonperformance of actions required by, such defendant judge's official duties and that such representation is consistent with the purposes of the fund; and

(2) With the assistance of the State Bar of Georgia maintain a list of attorneys who are members in good standing with the State Bar of Georgia and who have agreed to provide legal representation for judges through the fund; provided, however, that no attorney shall be included on such list of attorneys without the approval of the Governor and each attorney on such list shall be maintained on such list only at the pleasure of the Governor.

(2) With the assistance of the State Bar of Georgia maintain a list of attorneys who are members in good standing with the State Bar of Georgia and who have agreed to provide legal representation for judges through the fund; provided, however, that no attorney shall be included on such list of attorneys without the approval of the Governor and each attorney on such list shall be maintained on such list only at the pleasure of the Governor.

(e) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state, a defendant judge having a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties shall have 15 days after service of such summons and complaint to file notice with the court of such belief. The court shall accept such notice and, unless the judge presiding over the case has a reasonable basis for believing that such summons and complaint is not seeking relief against the defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties, such defendant judge shall file his or her answer within 45 days after the filing of such notice.

(e) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state, a defendant judge having a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties shall have 15 days after service of such summons and complaint to file notice with the court of such belief. The court shall accept such notice and, unless the judge presiding over the case has a reasonable basis for believing that such summons and complaint is not seeking relief against the defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties, such defendant judge shall file his or her answer within 45 days after the filing of such notice.

(f) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state or in any federal court, a defendant judge who has a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties and who desires state-funded representation shall: (1) Within three days after service of such summons and complaint, file a written request for representation for such action or proceeding with the Attorney General with a copy of such written request sent to the Department of Administrative Services. The Attorney General may render such representation, or the Department of Administrative Services may provide for such representation, if the Attorney General determines such representation to be in the public interest and that such representation would not violate any legal principles, including, but not limited to, a legal conflict or if the Department of Administrative Services determines that such representation may be provided for under an insurance policy maintained by the department, respectively. The Attorney General and the Department of Administrative Services shall make such determination within ten days of receiving such written request; and (2)(A) If the Attorney General determines that he or she will not provide representation for such defendant judge and if the Department of Administrative Services determines such representation is not covered by an insurance policy maintained by the department, such defendant judge shall file a request with the Judicial Legal Defense Fund Commission for the appointment of representation through the fund. Such request shall be in writing and shall include: (i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and (ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund. (B) Within five days of receiving such request, the commission shall evaluate the request pursuant to subsection (d) of this Code section and determine whether such request shall receive its endorsement. If the commission determines that such request shall receive its endorsement by a majority or tied vote of the commission, the defendant judge shall select an attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and the commission shall secure such attorney's agreement to provide any approved representation of such defendant judge through the fund and such attorney's estimated budget for such representation as calculated pursuant to subsection (g) of this Code section. The commission shall then forward the defendant judge's request, the commission's endorsement, the name of the selected attorney, and such attorney's estimated budget to the Governor. (C) Within five days of receiving such information from the commission, the Governor shall evaluate the endorsement of the commission and related information. If the Governor concurs with such endorsement, the selected attorney, and such attorney's estimated budget, the Governor shall authorize disbursements to the fund for such representation.

(f) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state or in any federal court, a defendant judge who has a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties and who desires state-funded representation shall:

(1) Within three days after service of such summons and complaint, file a written request for representation for such action or proceeding with the Attorney General with a copy of such written request sent to the Department of Administrative Services. The Attorney General may render such representation, or the Department of Administrative Services may provide for such representation, if the Attorney General determines such representation to be in the public interest and that such representation would not violate any legal principles, including, but not limited to, a legal conflict or if the Department of Administrative Services determines that such representation may be provided for under an insurance policy maintained by the department, respectively. The Attorney General and the Department of Administrative Services shall make such determination within ten days of receiving such written request; and

(1) Within three days after service of such summons and complaint, file a written request for representation for such action or proceeding with the Attorney General with a copy of such written request sent to the Department of Administrative Services. The Attorney General may render such representation, or the Department of Administrative Services may provide for such representation, if the Attorney General determines such representation to be in the public interest and that such representation would not violate any legal principles, including, but not limited to, a legal conflict or if the Department of Administrative Services determines that such representation may be provided for under an insurance policy maintained by the department, respectively. The Attorney General and the Department of Administrative Services shall make such determination within ten days of receiving such written request; and

(2)(A) If the Attorney General determines that he or she will not provide representation for such defendant judge and if the Department of Administrative Services determines such representation is not covered by an insurance policy maintained by the department, such defendant judge shall file a request with the Judicial Legal Defense Fund Commission for the appointment of representation through the fund. Such request shall be in writing and shall include: (i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and (ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund. (B) Within five days of receiving such request, the commission shall evaluate the request pursuant to subsection (d) of this Code section and determine whether such request shall receive its endorsement. If the commission determines that such request shall receive its endorsement by a majority or tied vote of the commission, the defendant judge shall select an attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and the commission shall secure such attorney's agreement to provide any approved representation of such defendant judge through the fund and such attorney's estimated budget for such representation as calculated pursuant to subsection (g) of this Code section. The commission shall then forward the defendant judge's request, the commission's endorsement, the name of the selected attorney, and such attorney's estimated budget to the Governor. (C) Within five days of receiving such information from the commission, the Governor shall evaluate the endorsement of the commission and related information. If the Governor concurs with such endorsement, the selected attorney, and such attorney's estimated budget, the Governor shall authorize disbursements to the fund for such representation.

(2)(A) If the Attorney General determines that he or she will not provide representation for such defendant judge and if the Department of Administrative Services determines such representation is not covered by an insurance policy maintained by the department, such defendant judge shall file a request with the Judicial Legal Defense Fund Commission for the appointment of representation through the fund. Such request shall be in writing and shall include: (i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and (ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund.

(2)(A) If the Attorney General determines that he or she will not provide representation for such defendant judge and if the Department of Administrative Services determines such representation is not covered by an insurance policy maintained by the department, such defendant judge shall file a request with the Judicial Legal Defense Fund Commission for the appointment of representation through the fund. Such request shall be in writing and shall include:

(i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and

(i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and

(ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund.

(ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund.

(B) Within five days of receiving such request, the commission shall evaluate the request pursuant to subsection (d) of this Code section and determine whether such request shall receive its endorsement. If the commission determines that such request shall receive its endorsement by a majority or tied vote of the commission, the defendant judge shall select an attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and the commission shall secure such attorney's agreement to provide any approved representation of such defendant judge through the fund and such attorney's estimated budget for such representation as calculated pursuant to subsection (g) of this Code section. The commission shall then forward the defendant judge's request, the commission's endorsement, the name of the selected attorney, and such attorney's estimated budget to the Governor.

(B) Within five days of receiving such request, the commission shall evaluate the request pursuant to subsection (d) of this Code section and determine whether such request shall receive its endorsement. If the commission determines that such request shall receive its endorsement by a majority or tied vote of the commission, the defendant judge shall select an attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and the commission shall secure such attorney's agreement to provide any approved representation of such defendant judge through the fund and such attorney's estimated budget for such representation as calculated pursuant to subsection (g) of this Code section. The commission shall then forward the defendant judge's request, the commission's endorsement, the name of the selected attorney, and such attorney's estimated budget to the Governor.

(C) Within five days of receiving such information from the commission, the Governor shall evaluate the endorsement of the commission and related information. If the Governor concurs with such endorsement, the selected attorney, and such attorney's estimated budget, the Governor shall authorize disbursements to the fund for such representation.

(C) Within five days of receiving such information from the commission, the Governor shall evaluate the endorsement of the commission and related information. If the Governor concurs with such endorsement, the selected attorney, and such attorney's estimated budget, the Governor shall authorize disbursements to the fund for such representation.

(g)(1) An attorney selected by a defendant judge pursuant to subparagraph (f)(2)(B) of this Code section shall submit an estimated budget for the representation of the defendant judge to the commission within three days of such attorney's selection. Such estimated budget shall be based on the general rate of pay established by the Department of Administrative Services for attorneys retained when the Attorney General has a conflict of interest and the time that such attorney reasonably believes will be required to provide such representation. (2) In the event that the expense of representation of such defendant judge exceeds the estimated budget provided, such attorney shall submit to the commission an amended estimated budget. Such amended estimated budget shall provide a list of services and expenses to date and the estimated cost of continued representation. Within five days of receipt of such amended estimated budget, if the commission concurs with the amended estimated budget, the commission shall forward the amended estimated budget to the Governor. If the Governor concurs with such budget, the Governor shall authorize additional disbursements to the fund for such continued representation. (3) Upon the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall submit a final accounting of the cost of representation. Any funds received by such attorney in excess of the final expense shall be returned to the fund with notice to the commission. (4) In the event that an attorney providing representation to a defendant judge pursuant to this Code section is no longer able to provide such representation prior to the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall notify the commission and provide a final accounting of the cost of representation. Any unused funds received by such attorney shall be returned to the fund with notice to the commission. Such defendant judge shall then select a substitute attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and such attorney shall prepare and submit for concurrence an estimated budget as provided for under this subsection.

(g)(1) An attorney selected by a defendant judge pursuant to subparagraph (f)(2)(B) of this Code section shall submit an estimated budget for the representation of the defendant judge to the commission within three days of such attorney's selection. Such estimated budget shall be based on the general rate of pay established by the Department of Administrative Services for attorneys retained when the Attorney General has a conflict of interest and the time that such attorney reasonably believes will be required to provide such representation.

(g)(1) An attorney selected by a defendant judge pursuant to subparagraph (f)(2)(B) of this Code section shall submit an estimated budget for the representation of the defendant judge to the commission within three days of such attorney's selection. Such estimated budget shall be based on the general rate of pay established by the Department of Administrative Services for attorneys retained when the Attorney General has a conflict of interest and the time that such attorney reasonably believes will be required to provide such representation.

(2) In the event that the expense of representation of such defendant judge exceeds the estimated budget provided, such attorney shall submit to the commission an amended estimated budget. Such amended estimated budget shall provide a list of services and expenses to date and the estimated cost of continued representation. Within five days of receipt of such amended estimated budget, if the commission concurs with the amended estimated budget, the commission shall forward the amended estimated budget to the Governor. If the Governor concurs with such budget, the Governor shall authorize additional disbursements to the fund for such continued representation.

(2) In the event that the expense of representation of such defendant judge exceeds the estimated budget provided, such attorney shall submit to the commission an amended estimated budget. Such amended estimated budget shall provide a list of services and expenses to date and the estimated cost of continued representation. Within five days of receipt of such amended estimated budget, if the commission concurs with the amended estimated budget, the commission shall forward the amended estimated budget to the Governor. If the Governor concurs with such budget, the Governor shall authorize additional disbursements to the fund for such continued representation.

(3) Upon the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall submit a final accounting of the cost of representation. Any funds received by such attorney in excess of the final expense shall be returned to the fund with notice to the commission.

(3) Upon the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall submit a final accounting of the cost of representation. Any funds received by such attorney in excess of the final expense shall be returned to the fund with notice to the commission.

(4) In the event that an attorney providing representation to a defendant judge pursuant to this Code section is no longer able to provide such representation prior to the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall notify the commission and provide a final accounting of the cost of representation. Any unused funds received by such attorney shall be returned to the fund with notice to the commission. Such defendant judge shall then select a substitute attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and such attorney shall prepare and submit for concurrence an estimated budget as provided for under this subsection.

(4) In the event that an attorney providing representation to a defendant judge pursuant to this Code section is no longer able to provide such representation prior to the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall notify the commission and provide a final accounting of the cost of representation. Any unused funds received by such attorney shall be returned to the fund with notice to the commission. Such defendant judge shall then select a substitute attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and such attorney shall prepare and submit for concurrence an estimated budget as provided for under this subsection.

(h) Nothing in this Code section shall be construed to prevent any defendant judge from selecting his or her own attorney at his or her own expense.

(h) Nothing in this Code section shall be construed to prevent any defendant judge from selecting his or her own attorney at his or her own expense.

(i) Nothing in this Code section shall be construed as providing insurance coverage or constituting a waiver of sovereign, qualified, or official immunity.

(i) Nothing in this Code section shall be construed as providing insurance coverage or constituting a waiver of sovereign, qualified, or official immunity.
O.C.G.A. § 45-18-24 — GA Code / Title 45 / Chapter 18 / Section 45-18-24
Georgia Code Title 45. Public Officers and Employees § 45-18-24
Status: in_force

As used in this part, the term:

(1) “ Actuarial accrued liability ” means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs.

(1) “ Actuarial accrued liability ” means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs.

(2) “ Actuarial assumptions ” means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items.

(2) “ Actuarial assumptions ” means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items.

(3) “ Actuarial cost method ” means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods.

(3) “ Actuarial cost method ” means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods.

(4) “ Actuarial valuation ” means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund.

(4) “ Actuarial valuation ” means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund.

(5) “ Actuarially sound ” means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years.

(5) “ Actuarially sound ” means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years.

(6) “ Administrative expenses ” means all expenses incurred in the operation of the fund, including all investment expenses.

(6) “ Administrative expenses ” means all expenses incurred in the operation of the fund, including all investment expenses.

(7) “ Annual required contribution ” means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.

(7) “ Annual required contribution ” means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.

(8) “ Board ” means the Board of Community Health.

(8) “ Board ” means the Board of Community Health.

(9) “ Commissioner ” means the commissioner of community health.

(9) “ Commissioner ” means the commissioner of community health.

(10) “ Covered health care expenses ” means all actual health care expenses incurred by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims incurred by fund beneficiaries and providers and premiums incurred by intermediary entities and health care providers by the health plan.

(10) “ Covered health care expenses ” means all actual health care expenses incurred by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims incurred by fund beneficiaries and providers and premiums incurred by intermediary entities and health care providers by the health plan.

(11) “ Department ” means the Department of Community Health.

(11) “ Department ” means the Department of Community Health.

(12) “ Eligible to participate ” means employees of employers who are participating in the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so.

(12) “ Eligible to participate ” means employees of employers who are participating in the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so.

(13) “ Employer ” means the entity with which the fund beneficiary had the direct, in the case of employees, or indirect, in the case of dependents, employment relationship that gave rise to the fund beneficiary's eligibility for post-employment health benefits under the health plan.

(13) “ Employer ” means the entity with which the fund beneficiary had the direct, in the case of employees, or indirect, in the case of dependents, employment relationship that gave rise to the fund beneficiary's eligibility for post-employment health benefits under the health plan.

(14) “ Fund ” means the Georgia State Employees Post-employment Health Benefit Fund established under this part.

(14) “ Fund ” means the Georgia State Employees Post-employment Health Benefit Fund established under this part.

(15) “ Fund beneficiaries ” means all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan.

(15) “ Fund beneficiaries ” means all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan.

(16) “ Health plan ” means the state employees' health insurance plan established under Part 1 of this article.

(16) “ Health plan ” means the state employees' health insurance plan established under Part 1 of this article.

(17) “ Normal cost ” means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund.

(17) “ Normal cost ” means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund.

(18) “ Obligations ” means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries.

(18) “ Obligations ” means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries.

(19) “ State plan for other post-employment benefits ” means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.

(19) “ State plan for other post-employment benefits ” means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.

(20) “ Unfunded actuarial accrued liability ” means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes.

(20) “ Unfunded actuarial accrued liability ” means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes.
O.C.G.A. § 45-18-25-1 — GA Code / Title 45 / Chapter 18 / Section 45-18-25-1
Georgia Code Title 45. Public Officers and Employees § 45-18-25.1
Status: in_force

(a) Responsibility for the proper operation of the fund is vested in the department.

(a) Responsibility for the proper operation of the fund is vested in the department.

(b) The board shall adopt actuarial assumptions as it deems necessary and prudent.

(b) The board shall adopt actuarial assumptions as it deems necessary and prudent.

(c) The board may adopt any rules and regulations that it finds necessary to properly administer the fund.

(c) The board may adopt any rules and regulations that it finds necessary to properly administer the fund.

(d) The board shall adopt rules and regulations to account for employer contributions and other assets separately.

(d) The board shall adopt rules and regulations to account for employer contributions and other assets separately.

(e) The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this part and such personnel shall be employees of the department. The pro rata share of the costs of operating the department in the manner prescribed by law shall be a part of the administrative costs of the fund.

(e) The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this part and such personnel shall be employees of the department. The pro rata share of the costs of operating the department in the manner prescribed by law shall be a part of the administrative costs of the fund.

(f) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this part.

(f) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this part.

(g) The department shall contract with the Division of Investment Services of the Employees' Retirement System of Georgia for any necessary services with respect to fund investments.

(g) The department shall contract with the Division of Investment Services of the Employees' Retirement System of Georgia for any necessary services with respect to fund investments.

(h) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund.

(h) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund.

(i) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund.

(i) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund.

(j) The department shall prepare an annual report of fund activities for the board, the House Committee on Appropriations, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due September 30 and shall reflect activity on a state fiscal year basis.

(j) The department shall prepare an annual report of fund activities for the board, the House Committee on Appropriations, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due September 30 and shall reflect activity on a state fiscal year basis.

(k) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-26 may be carried out.

(k) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-26 may be carried out.
O.C.G.A. § 45-23-6 — GA Code / Title 45 / Chapter 23 / Section 45-23-6
Georgia Code Title 45. Public Officers and Employees § 45-23-6
Status: in_force

The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug.
O.C.G.A. § 45-15-15 — GA Code / Title 45 / Chapter 15 / Section 45-15-15
Georgia Code Title 45. Public Officers and Employees § 45-15-15
Status: in_force

From time to time the Attorney General shall submit to the state authority requesting legal services a statement of the expenses of such legal services incurred by the Department of Law, such statements to include the names of the assistant attorneys general, deputy assistant attorneys general, special deputy assistant attorneys general, or attorneys performing such services; the items of legal services performed; and the costs thereof. The state authority is authorized to reimburse the Department of Law for such services and expenses; provided, however, that the amount of such services and expenses shall have the advance approval of the director of the state authority requesting such services.
O.C.G.A. § 45-7-74 — GA Code / Title 45 / Chapter 7 / Section 45-7-74
Georgia Code Title 45. Public Officers and Employees § 45-7-74
Status: in_force

The state auditor shall annually provide to the Governor, to each house of the General Assembly, to the Attorney General, and to the Secretary of State a report in which the accumulated totals of payments of fees and expenses to members of professions are set forth, identifying:

(1) The person or persons to whom such payments were made;

(1) The person or persons to whom such payments were made;

(2) The professions of such person or persons;

(2) The professions of such person or persons;

(3) The totals of such payments; and

(3) The totals of such payments; and

(4) The authority or state agency which has retained such professional person or persons.

(4) The authority or state agency which has retained such professional person or persons.
O.C.G.A. § 45-5a-6 — GA Code / Title 45 / Chapter 5A / Section 45-5a-6
Georgia Code Title 45. Public Officers and Employees § 45-5A-6
Status: in_force

Whenever an elected constitutional executive officer is unable to exercise the duties of office due to a temporary disability and another person exercises the duties of office as provided in this chapter, during the period of disability the elected constitutional executive officer shall be entitled to receive the compensation as may be provided by law for such office.
O.C.G.A. § 45-9-88 — GA Code / Title 45 / Chapter 9 / Section 45-9-88
Georgia Code Title 45. Public Officers and Employees § 45-9-88
Status: in_force

(a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer.

(a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer.

(b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person, except as provided for in subsection (b) of Code Section 45-9-85 .

(b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person, except as provided for in subsection (b) of Code Section 45-9-85 .
O.C.G.A. § 45-18-3 — GA Code / Title 45 / Chapter 18 / Section 45-18-3
Georgia Code Title 45. Public Officers and Employees § 45-18-3
Status: in_force

The health insurance plan shall be designed by the board to:

(1) Provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents; and

(1) Provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents; and

(2) Include reasonable controls, which may include deductible and reinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical, and medical services to be provided and to provide reasonable assurance of stability in future years of the plan.

(2) Include reasonable controls, which may include deductible and reinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical, and medical services to be provided and to provide reasonable assurance of stability in future years of the plan.
O.C.G.A. § 45-9-102 — GA Code / Title 45 / Chapter 9 / Section 45-9-102
Georgia Code Title 45. Public Officers and Employees § 45-9-102
Status: in_force

(a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the department from funds appropriated to the Georgia State Indemnification Fund for such purpose.

(a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the department from funds appropriated to the Georgia State Indemnification Fund for such purpose.

(b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the department in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a volunteer firefighter covered under subparagraph (B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the department satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof.

(b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the department in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a volunteer firefighter covered under subparagraph (B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the department satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof.

(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers' compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer's or firefighter's regular compensation; provided, however, that benefits shall never exceed the person's regular compensation minus the maximum weekly workers' compensation benefit level for that person whether or not workers' compensation is available. For the purposes of this subsection, the regular compensation of a firefighter as defined under subparagraph (B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor.

(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers' compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer's or firefighter's regular compensation; provided, however, that benefits shall never exceed the person's regular compensation minus the maximum weekly workers' compensation benefit level for that person whether or not workers' compensation is available. For the purposes of this subsection, the regular compensation of a firefighter as defined under subparagraph (B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor.

(d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9 .

(d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9 .

(e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part 1 reduced by the total amount of benefits received under this Code section.

(e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part 1 reduced by the total amount of benefits received under this Code section.

(f) After the department, or the commissioner or his or her designee upon review of a denial by the department, determines that a law enforcement officer has been temporarily disabled due to a willful act of violence or that a firefighter has been temporarily disabled while fighting a fire and is entitled to indemnification under this part, the department shall be authorized to make the appropriate payments to the temporarily disabled law enforcement officer or firefighter.

(f) After the department, or the commissioner or his or her designee upon review of a denial by the department, determines that a law enforcement officer has been temporarily disabled due to a willful act of violence or that a firefighter has been temporarily disabled while fighting a fire and is entitled to indemnification under this part, the department shall be authorized to make the appropriate payments to the temporarily disabled law enforcement officer or firefighter.

(g) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commissioner or his or her designee. Any such appeal shall be filed with the commissioner or his or her designee within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commissioner or his or her designee as provided in Code Section 45-9-84 .

(g) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commissioner or his or her designee. Any such appeal shall be filed with the commissioner or his or her designee within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commissioner or his or her designee as provided in Code Section 45-9-84 .
O.C.G.A. § 45-18-34 — GA Code / Title 45 / Chapter 18 / Section 45-18-34
Georgia Code Title 45. Public Officers and Employees § 45-18-34
Status: in_force

The deferred compensation programs authorized by this article shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, municipality, or other political subdivision; and no deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension, or other benefit provided by law.
O.C.G.A. § 45-11-7 — GA Code / Title 45 / Chapter 11 / Section 45-11-7
Georgia Code Title 45. Public Officers and Employees § 45-11-7
Status: in_force

If any officer shall directly or indirectly demand or retain as a commission any part of the compensation allowed by law to publishers for publishing legal advertisements, he shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that Code section.
O.C.G.A. § 45-9-104 — GA Code / Title 45 / Chapter 9 / Section 45-9-104
Georgia Code Title 45. Public Officers and Employees § 45-9-104
Status: in_force

(a) No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or firefighter.

(a) No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or firefighter.

(b) Notwithstanding any other provision of this article, no payment shall be authorized if disability occurs from intentionally self-inflicted injuries or natural causes or while performing routine duties which would not be strenuous or dangerous if performed by persons of average physical abilities.

(b) Notwithstanding any other provision of this article, no payment shall be authorized if disability occurs from intentionally self-inflicted injuries or natural causes or while performing routine duties which would not be strenuous or dangerous if performed by persons of average physical abilities.
O.C.G.A. § 45-18-8 — GA Code / Title 45 / Chapter 18 / Section 45-18-8
Georgia Code Title 45. Public Officers and Employees § 45-18-8
Status: in_force

Upon agreeing to pay his contribution to the cost of such coverage, each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the board, included in the coverage. The board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents.
O.C.G.A. § 45-6-9 — GA Code / Title 45 / Chapter 6 / Section 45-6-9
Georgia Code Title 45. Public Officers and Employees § 45-6-9
Status: in_force

If a vacancy occurs because of death or if the incumbent cannot be found at the time a demand is made, it shall be the duty of any person having possession or control of any books, papers, or other office property or any part thereof to deliver it to the successor; and any rights and remedies shall be the same against such person as against the officer who is deceased or cannot be found.
O.C.G.A. § 45-17-17 — GA Code / Title 45 / Chapter 17 / Section 45-17-17
Georgia Code Title 45. Public Officers and Employees § 45-17-17
Status: in_force

A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, and all papers of appointment. The resigning notary public shall destroy the official notarial seal.