GA Code § 43-40-4 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-4. Office of Commissioner; Qualifications; Restrictions; Staff; Oath; Duties and Powers; Reimbursement

  There is established within the commission the office of real estate commissioner.   The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his or her annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist the commissioner in his or her duties. Such employees shall not be placed in the classified service as defined by Code Section 45-20-2, provided that nothing in this chapter shall be construed to affect any employee in the classified service as of July 1, 1981.   The commissioner shall take an oath to discharge faithfully the duties of his or her office.   The commissioner shall be charged with the duties and powers as delegated by the commission.   The commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his or her duties, the same as other state officers and employees, and shall receive payment of the same in the manner provided for members of the commission.    (Code 1933, § 84-1405, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1979, p. 1203, § 1; Ga. L. 1981, p. 1311, § 2; Ga. L. 1994, p. 97, § 43; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-65/HB 642.)   Cross references.   - Reimbursement of expenses for state officers and employees, § 45-7-20 et seq.   Editor's notes.   - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."   JUDICIAL DECISIONS    Cited in Georgia Real Estate Comm'n v. Accelerated Courses in Real Estate, Inc., 234 Ga. 30, 214 S.E.2d 495 (1975); Georgia Real Estate Comm'n v. Warren, 152 Ga. App. 283, 262 S.E.2d 570 (1979).   OPINIONS OF THE ATTORNEY GENERAL    General Assembly intended that commission should have complete discretion in personnel matters  involving the commission's employees. It is also apparent that the General Assembly did want to provide continuing Merit System protection to those incumbents in classified positions for as long as the incumbents remain in the incumbents' current positions. 1981 Op. Att'y Gen. No. 81-47.    Employees and positions of commission that are in classified service as of July 1, 1981,  shall remain in classified service for as long as the incumbent remains in that position; all other positions and any position that is vacated in the future shall be in the unclassified service. 1981 Op. Att'y Gen. No. 81-47.    Any employee of commission who is in classified service of State Merit System as of July 1, 1981,  shall remain in classified service for as long as the employee remains in the employee's current position. If the employee leaves that position to accept another position with the commission, that employee will be in the same situation as any other classified employee who seeks an unclassified position. 1981 Op. Att'y Gen. No. 81-47.   Compensation for out-of-state meetings.   - More than one commission member, when designated by the commission, may be compensated for attending interstate meetings. 1945-47 Op. Att'y Gen. p. 513.    Commission may investigate licensees  although such investigation may result in a contested case to be both heard and judged by the commission. 1972 Op. Att'y Gen. No. U72-1.