reglab/housing_qa huggingface dataset:
GA Code § 36-91-116 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-116. Default and Remedies

  In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 36-91-115.   The local government may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project subject to statutory limitations on the availability of future appropriated or otherwise unobligated funds.   The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this article. Any local government having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner.   In the event the local government elects to take over a qualifying project pursuant to subsection (b) of this Code section, the local government may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof.     (Code 1981, §36-91-116, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)
GA Code § 36-91-117 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-117. Powers

 All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a local government elects to proceed under this article.    (Code 1981, §36-91-117, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)
GA Code § 36-91-118 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-118. Sovereign or Official Immunity

 Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project.    (Code 1981, §36-91-118, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)
GA Code § 36-91-119 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-119. Article Inapplicable to Local Government Procurement via Competitive Sealed Bidding; Article Inapplicable to Certain Transportation Projects; Public Meeting Requirements

  Local governments that proceed with procurement pursuant to competitive sealed bidding as defined in Code Section 36-91-2, or any other purchasing options available under current law, shall not be required to comply with this article.   Nothing in this article shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof.   Nothing in this article shall abrogate the obligations of a local government or private entity to comply with the public meetings requirement in accordance with Chapter 14 of Title 50 or to disclose public information in accordance with Article 4 of Chapter 18 of Title 50.     (Code 1981, §36-91-119, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)
GA Code § 37-1-3 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 1 - General Provisions|§ 37-1-3. Board of Behavioral Health and Developmental Disabilities; Members; Removal

  There is created the Board of Behavioral Health and Developmental Disabilities which shall establish the general policy to be followed by the Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health and Developmental Disabilities effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.   The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.   Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.   Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17.   There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.   The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.     (Code 1981, §37-1-3, enacted by Ga. L. 2009, p. 453, § 3-1/HB 228.)
GA Code § 37-1-4 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 1 - General Provisions|§ 37-1-4. Department of Behavioral Health and Developmental Disabilities; Functions, Duties; Commissioner

  There is created a Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health and Developmental Disabilities effective July 1, 2009.   There is created the position of commissioner of behavioral health and developmental disabilities. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.   There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.     (Code 1981, §37-1-4, enacted by Ga. L. 2009, p. 453, § 3-1/HB 228.)
GA Code § 37-1-6 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 1 - General Provisions|§ 37-1-6. Service of Notice of Pendency of Action by Second Original Process

 When any action is brought against the department, the board, the commissioner, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.    (Code 1981, §37-1-6, enacted by Ga. L. 2010, p. 286, § 1/SB 244.)
GA Code § 37-1-23 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 2 - Powers and Duties of the Department of Behavioral Health and Developmental Disabilities|§ 37-1-23. Rules of Practice and Procedure; Availability

 The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department is directed to make the board's and the department's rules available for distribution.   (Code 1933, § 88-308, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1993, p. 1445, § 9; Ga. L. 2002, p. 1324, § 1-6; Ga. L. 2009, p. 453, § 3-1/HB 228.)   Cross references.   - County boards of health generally, T. 31, C. 3.   Editor's notes.   - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "   Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.   Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, § 45.   C.J.S.   - 39A C.J.S., Health and Environment, §§ 20, 23, 24, 25.
GA Code § 37-1-24 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 2 - Powers and Duties of the Department of Behavioral Health and Developmental Disabilities|§ 37-1-24. Use of Psychologist or Physician in Lieu of One Another

 No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.    (Code 1981, §37-1-24, enacted by Ga. L. 1991, p. 1059, § 7; Ga. L. 1993, p. 1445, § 10; Ga. L. 2002, p. 1324, § 1-6; Ga. L. 2009, p. 453, § 3-1/HB 228.)   Editor's notes.   - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "   Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.   Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.   Law reviews.   - For note on 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 121 (1992).
GA Code § 37-1-25 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 2 - Powers and Duties of the Department of Behavioral Health and Developmental Disabilities|§ 37-1-25. Purchase of Real Property Authorized

 The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.    (Code 1981, §37-1-25, enacted by Ga. L. 2009, p. 453, § 3-1/HB 228.)
GA Code § 37-1-26 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 2 - Powers and Duties of the Department of Behavioral Health and Developmental Disabilities|§ 37-1-26. Sale of Surplus Products

  The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor.   It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.     (Code 1981, §37-1-26, enacted by Ga. L. 2009, p. 453, § 3-1/HB 228.)
GA Code § 37-1-41 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 3 - Promulgation of Rules and Regulations|§ 37-1-41. Rules and Regulations of Board of Behavioral Health and Developmental Disabilities

 All rules and regulations of the Board of Behavioral Health and Developmental Disabilities shall be adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1933, § 88-307, enacted by Ga. L. 1964, p. 499, § 1; Code 1981, §37-1-40; Ga. L. 1993, p. 1445, § 11; Ga. L. 2009, p. 453, § 3-1/HB 228; Code 1981, §37-1-41, as redesignated by Ga. L. 2011, p. 752, § 37/HB 142.)   Cross references.   - County boards of health generally, T. 31, C. 3.   Editor's notes.   - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "   Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.   Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to exempt the 1993 amendment of this Code section from repeal on June 30, 1999.   JUDICIAL DECISIONS   Administrative appeal procedures not provided.    - O.C.G.A. § 37-1-41, which requires that county boards of health conduct hearings before adopting rules and regulations, did not provide administrative appeal procedures to a hotel, motel, and restaurant association in a dispute over the assessment of inspection fees by a county board of health where no hearing had been held. Aldridge v. Georgia Hospitality & Travel Ass'n, 251 Ga. 234, 304 S.E.2d 708 (1983) (decided prior to 1993 amendment).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, §§ 20, 36.   C.J.S.   - 39A C.J.S., Health and Environment, § 18 et seq.   ALR.   - Regulation of business of tattooing, 81 A.L.R.3d 1212.   Adequacy of defense counsel's representation of criminal client - issues of incompetency, 70 A.L.R.5th 1.   Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109.
GA Code § 37-1-50 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 4 - Hearings and Evidence|§ 37-1-50. Necessity of Hearing; Powers of Hearing Examiner, Qualification

 Reserved. Repealed by Ga. L. 2010, p. 286, § 4/SB 244, effective July 1, 2010.   Editor's notes.   - This Code section was based on Code 1933, § 88-304, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1977, p. 309, § 1; Ga. L. 1993, p. 1445, § 12; Ga. L. 2009, p. 453, § 3-1/HB 228.
GA Code § 37-1-51 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 4 - Hearings and Evidence|§ 37-1-51. And 37-1-52

 Reserved. Repealed by Ga. L. 1993, p. 1445, § 12, effective July 1, 1994.   Editor's notes.   - These Code sections were based on Code 1933, §§ 88-303, 88-305, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1982, p. 3, § 37.   Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to exempt the 1993 repeal of these Code sections from repeal on June 30, 1999.
GA Code § 37-1-53 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 4 - Hearings and Evidence|§ 37-1-53. Classification of Privileged Materials

 Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167.   (Code 1933, § 88-306, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1993, p. 1445, § 12; Ga. L. 2009, p. 453, § 3-1/HB 228.)   Editor's notes.   - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "   Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.   Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to except the 1993 amendment of this Code section from repeal on June 30, 1999.   Administrative Rules and Regulations.   - Hearings and hearing records: confidentiality, custody, language, access, costs, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Administration, Hearings and Petitions for Rule-Making, Sec. 290-1-1-.18.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, § 45.   C.J.S.   - 39A C.J.S., Health and Environment, §§ 20, 23, 24, 25.
GA Code § 37-1-110 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 6 - Behavioral Health Reform and Innovation Commission|§ 37-1-110. Legislative Findings

 The General Assembly finds and determines that:    Over the last decade the State of Georgia has invested significant resources toward the transformation of the behavioral health service delivery system; and   The conclusion of the settlement agreement with the United States Department of Justice will mark significant accomplishments in system performance and presents the opportunity to conduct a systematic study to promote the continued progress of the state behavioral health system. Such a study and the formulation of recommendations for behavioral health innovation can best be carried out through an established commission.     (Code 1981, §37-1-110, enacted by Ga. L. 2019, p. 614, § 1/HB 514.)