reglab/housing_qa huggingface dataset:
GA Code § 45-20-93 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 20 - Personnel Administration|Article 5 - Random Drug Testing of Employees in High-Risk Jobs|§ 45-20-93. Grounds for Termination From Employment

  Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment.   Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment.     (Code 1981, §45-20-93, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2012, p. 446, § 1-1/HB 642.)   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."   OPINIONS OF THE ATTORNEY GENERAL   Disqualification from employment after resignations.    - There is nothing in O.C.G.A. § 45-20-93 nor in the associated State Personnel Board rules that prohibits the employee from resigning, so long as employment is terminated. However, even if the employee resigns rather than be fired, the employee must still be disqualified from future employment for at least two years under the State Personnel Board rules. 1992 Op. Att'y Gen. No. 92-25.
GA Code § 45-20-110 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 20 - Personnel Administration|Article 6 - Drug Testing for State Employment|§ 45-20-110. Definitions

 As used in this article, the term:    "Applicant" means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not submitted to an established test for illegal drugs.   "Established 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).   "Illegal drug" means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, opioids, opioid analgesics, opioid derivatives, or phencyclidine (PCP). Such term shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.   "Job" means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together.   "Medical review officer" means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.   "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.     (Code 1981, §45-20-110, enacted by Ga. L. 1995, p. 667, § 3; Ga. L. 2012, p. 446, § 1-1/HB 642; Ga. L. 2018, p. 205, § 1/HB 701.)    The 2018 amendment,  effective July 1, 2018, in paragraph (3), inserted "opioids, opioid analgesics, opioid derivatives" in the first sentence, and substituted "Such term" for "The term 'illegal drug'" at the beginning of the second sentence.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, commas were deleted following "Regulations" and "53" in paragraph (2).   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 169 (2018). For note on 1995 amendments of this Code section and § 45-20-111, see 12 Ga. St. U. L. Rev. 328 (1995).   JUDICIAL DECISIONS   Constitutionality.    - O.C.G.A. §§ 45-20-90 through45-20-111 is plainly unconstitutional because it violates applicants' rights to privacy under the Fourth and Fourteenth Amendments of the United States Constitution. Georgia Ass'n of Educators v. Harris, 749 F. Supp. 1110 (N.D. Ga. 1990) (decided prior to 1995 repeal and reenactment of this article by Ga. L. 1995, p. 667, §§ 1 and 3).   RESEARCH REFERENCES   ALR.   - Supreme Court's views on mandatory testing for drugs or alcohol, 145 A.L.R. Fed. 335.
GA Code § 46-2-2 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-2. Qualifications of Commissioners; Restriction on Any Interest in Companies Under Jurisdiction of Commission; Disqualification of Commissioner

  Any person who is at least 30 years of age, is qualified to vote as an elector, and is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool, combination, trust, contract, or arrangement that has the effect of increasing or tending to increase the cost to the public of carriage, heat, light, power, or any commodity or merchandise sold to the public shall be eligible for membership on the commission, without regard to his experience in law or in the utility or transportation business.   During their terms of office, the Commissioners shall not, jointly or severally, or in any way, be the holders of any stock or bonds, or be agents or employees of any company, or have any interest in any company under the jurisdiction of the commission. If any Commissioner becomes disqualified in any way, he shall at once remove the disqualification or resign; and on failure to do so he shall be suspended from office by the Governor.    (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Ga. L. 1907, p. 72, § 2; Civil Code 1910, § 2620; Code 1933, § 93-202.)   Cross references.   - Conflicts of interest of state officials and employees generally, § 45-10-20 et seq.   JUDICIAL DECISIONS   Suspension by Governor.    - Under former Code 1933, § 93-202 (see O.C.G.A § 46-2-2) Governor may suspend commissioner for any satisfactory cause. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933).   Suspension from office is not deprivation of property.    - Public office is public trust or agency and is not property of incumbent thereof, and, when incumbent is suspended from such office, incumbent is not deprived of any property. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933).    Cited in  Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).   OPINIONS OF THE ATTORNEY GENERAL   Limitation on applicability of section.    - Application of former Code 1933, § 93-202 (see O.C.G.A § 46-2-2) was limited to five commissioners comprising Public Service Commission. 1963-65 Op. Att'y Gen. p. 536.   RESEARCH REFERENCES   C.J.S.   - 73B C.J.S., Public Utilities, §§ 25, 64.
GA Code § 46-2-3 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-3. Oath of Office of Commissioners

 The Commissioners shall take an oath of office, the wording of which shall be determined by the Governor.   (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Civil Code 1910, § 2619; Code 1933, § 93-203.)   RESEARCH REFERENCES   ALR.   - Public utilities: validity of preferential rates for elderly or low-income persons, 29 A.L.R.4th 615.
GA Code § 46-2-4 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-4. Filling of Vacancies on Commission

 Any vacancy in the commission shall be filled by the Governor. Any person so appointed shall hold his office until the next regular general election and until his successor for the balance of the unexpired term has been elected and has qualified.   (Ga. L. 1906, p. 100, § 4; Civil Code 1910, § 2617; Code 1933, § 93-204.)
GA Code § 46-2-6 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-6. Salary of Commissioners

 The salary of each Commissioner shall be as provided in Code Section 45-7-4, provided that nothing in this Code section or in Code Section 46-2-5 shall entitle an emeritus commissioner to a salary greater than $12,000.00 per annum.   (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Ga. L. 1907, p. 72, § 15; Civil Code 1910, §§ 2621, 2670; Ga. L. 1919, p. 92, §§ 1, 2; Ga. L. 1919, p. 94, § 1; Ga. L. 1922, p. 143, § 7; Ga. L. 1931, p. 7, § 99; Code 1933, § 93-208; Ga. L. 1947, p. 673, § 1; Ga. L. 1951, p. 668, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 613, §§ 1-5; Ga. L. 1960, p. 57, §§ 1, 2; Ga. L. 1963, p. 651, § 1; Ga. L. 1967, p. 95, § 2.)   RESEARCH REFERENCES   C.J.S.   - 73B C.J.S., Public Utilities, § 63.
GA Code § 46-2-7 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-7. Employment of Officers, Experts, and Other Employees by Commission; Compensation of Employees

 The commission shall have power to employ such officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees as it may deem necessary to perform the duties and exercise the powers conferred by law upon the commission. The compensation of such employees shall be fixed by the commission at such sums as it may deem reasonable and proper.   (Ga. L. 1907, p. 72, § 4; Civil Code 1910, § 2623; Ga. L. 1922, p. 143, § 2; Code 1933, § 93-207.)   Cross references.   - Applicability of conflicts of interest laws to full-time state employees hired by commission to assist commission in fulfilling duties and responsibilities, § 45-10-20.   JUDICIAL DECISIONS    Cited in  Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).   OPINIONS OF THE ATTORNEY GENERAL   Power to hire and terminate employees.    - Pursuant to former Code 1933, § 93-207 (see O.C.G.A § 46-2-7), and subject to the provisions of the law creating the State Merit System of Personnel Administration (see O.C.G.A. Ch. 20, T. 45) only the Public Service Commission, acting as a constitutional entity, or persons to whom it delegates its authority, has the authority to hire personnel, and to terminate the employment of the personnel which it hires. 1979 Op. Att'y Gen. No. 79-61.   Types of employees protected by merit system.    - Provisions dealing with personnel administration (see O.C.G.A. Ch. 20, T. 45) modifies former Code 1933, § 93-207 (see O.C.G.A § 46-2-7) to the extent that the commission's officers, experts, engineers, statisticians, accountants, inspectors, clerks and other employees who fall within the ambit of the merit system do not serve at the pleasure of the commission, but rather must be hired by the commission and terminated by the commission in accordance with the laws affecting and the rules and regulations promulgated by the State Personnel Board. 1979 Op. Att'y Gen. No. 79-61.   Termination of confidential, individually assigned secretary.   - Public Service Commission has authority to terminate employment of confidential secretary assigned to individual commissioner. 1979 Op. Att'y Gen. No. 79-61.   RESEARCH REFERENCES   C.J.S.   - 73B C.J.S., Public Utilities, § 63.
GA Code § 46-2-7.1 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-7.1. Director of Utilities

  On or before July 1, 1981, the commission shall employ a director of utilities, who shall serve at the pleasure of the commission and whose salary shall be set by the commission.   The director of utilities shall:   Direct the activities of the utility divisions and sections;   Manage and coordinate the commission's preparation of rate cases;   Schedule and coordinate all in-house, reactive, regular, and engineering audits;   Direct all utility personnel and the preparation of that section of the commission's budget; and   Perform such other duties as the commission may establish by order.      (Code 1933, § 93-207.1, enacted by Ga. L. 1981, p. 121, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Position is unclassified.   - The Georgia Public Service Commission positions of the director of utilities, the public information officer and the director and assistant director of the Utility Finance Section are, as a matter of law, unclassified positions. 1981 Op. Att'y Gen. No. 81-39.
GA Code § 46-2-7.2 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-7.2. Public Information Officer

  On or before September 1, 1981, the commission shall employ a public information officer, who shall serve at the pleasure of the commission.   The public information officer shall:   Report directly to the executive secretary;   Maintain the commission's public information files;   Coordinate official commission press releases and media relations; and   Perform such other duties as the executive secretary may establish.      (Code 1933, § 93-207.2, enacted by Ga. L. 1981, p. 121, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Position created is unclassified.   - The Georgia Public Service Commission positions of the director of utilities, the public information officer and the director and assistant director of the Utility Finance Section are, as a matter of law, unclassified positions. 1981 Op. Att'y Gen. No. 81-39.
GA Code § 46-2-8 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-8. Payment of Salaries and Expenses by Commission; Appropriations for Salaries and Expenses; Designation of Public Service Commission Fund

 The salaries fixed by the commission for its officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees, and fixed by Code Section 45-7-4 for Commissioners, shall be paid monthly from the funds provided for the use of the commission after being approved by the commission. All expenses incurred by the commission, including the actual and necessary traveling and other expenses and disbursements of the Commissioners, and of officers and employees, incurred while on business of the commission, shall be paid from the funds provided for the use of the commission after being approved by the commission. The necessary expenses of conducting the business of the commission and the salaries of the Commissioners shall be provided for by appropriations made for such purposes. The funds assessed and collected as provided in Code Section 46-2-10 shall be specially designated as the Public Service Commission Fund and shall be expended only as provided and directed in this title.   (Ga. L. 1922, p. 143, § 7; Ga. L. 1931, p. 7, § 99; Code 1933, § 93-209; Ga. L. 1953, Jan.-Feb. Sess., p. 613, §§ 1-5; Ga. L. 1960, p. 57, § 2.)   RESEARCH REFERENCES   C.J.S.   - 73B C.J.S., Public Utilities, § 63.
GA Code § 46-2-9 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 1 - Organization and Members|§ 46-2-9. Domicile of Commission; Jurisdiction of Actions Involving Commission or Business Entities Regulated by Commission; Furnishing Commission With Office and Supplies

  The domicile of the commission is fixed at the capital; and no courts of this state other than those of Fulton County shall have or take jurisdiction in any action brought or instituted against the commission or on account of any of its orders or rules, provided that nothing in this Code section shall prevent the courts of the county in which is located the principal office of a business entity regulated by the commission from having or taking jurisdiction in any action brought or instituted against that business entity as a result of any such commission order or rule.   The commission shall be furnished with necessary furniture and stationery and an office in Atlanta.    (Ga. L. 1878-79, p. 125, § 2; Civil Code 1895, § 2186; Ga. L. 1905, p. 95, §§ 1, 2; Ga. L. 1907, p. 72, § 14; Civil Code 1910, §§ 2625, 2627; Code 1933, § 93-211; Ga. L. 1976, p. 418, § 1.)
GA Code § 46-2-22 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-22. Jurisdiction of Commission Over Express Companies and Telegraph Companies

 Reserved. Repealed by Ga. L. 2012, p. 847, § 4/HB 1115, effective July 1, 2012.   Editor's notes.   - This Code section was based on Ga. L. 1890-91, p. 151, § 1; Civil Code 1895, § 2217; Civil Code 1910, § 2660; Ga. L. 1922, p. 143, § 1; Code 1933, § 93-305.
GA Code § 46-2-24 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-24. Consideration by Commission of Quality of Service in Determining Just and Reasonable Rates and Charges

 In determining what are just and reasonable rates and charges to be made by any person, firm, or corporation (referred to in this Code section as a "utility") subject to its jurisdiction, the commission is authorized and is directed to consider the quality of the service rendered by such utility.   (Code 1933, § 93-309.1, enacted by Ga. L. 1973, p. 677, § 1.)   Cross references.   - Limitation on authority of General Assembly regarding regulation of public utility rates, Ga. Const. 1983, Art. III, Sec. VI, Para. V.   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Utilities, § 166 et seq.   C.J.S.   - 73B C.J.S., Public Utilities, § 27.   ALR.    - Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.   Validity of "fuel adjustment" or similar clauses authorizing electric utility to pass on increased cost of fuel to its customers, 83 A.L.R.3d 933.   Advertising or promotional expenditures of public utility as part of operating expenses for rate-making purposes, 83 A.L.R.3d 963.   Public utility's right to recover cost of nuclear power plants abandoned before completion, 83 A.L.R.4th 183.
GA Code § 46-2-26.2 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-26.2. Tax Accounting by Utilities in Rate-Making Proceedings

 For purposes of determining a utility's cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net income before income taxes. Any difference between income based on the utility's accounting records and income determined in accordance with United States Internal Revenue Service laws and regulations will be accounted for as required by generally accepted accounting principles governing all businesses.   (Code 1933, § 93-307.4, enacted by Ga. L. 1981, p. 121, § 5.)
GA Code § 46-2-26.4 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-26.4. Accounting Procedures in Gas Utility Rate Proceedings

  The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility.   In any proceeding commenced after April 1, 2002, to determine the rates to be charged by a gas utility, the gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 months following the proposed effective date of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data.     (Code 1981, §46-2-26.4, enacted by Ga. L. 1991, p. 1705, § 1; Ga. L. 2002, p. 475, § 4.)    The 2002 amendment,  effective April 25, 2002, in the first sentence of subsection (b), inserted "commenced after April 1, 2002," near the beginning and substituted "12 months following the" for "12 month period commencing five months from the" near the end.   Editor's notes.   - Ga. L. 2002, p. 475, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Natural Gas Consumers' Relief Act.'"   Law reviews.   - For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 285 (2002).   JUDICIAL DECISIONS    Cited in Atlanta Gas Light Co. v. Georgia Pub. Serv. Comm'n, 212 Ga. App. 575, 442 S.E.2d 860 (1994).
GA Code § 46-2-27 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-27. Notation on Bill of Charges for Fuel Adjustment, Meter Reading and Consumption, and Where Rates Charged May Be Obtained

 Upon the face or back of each periodic and terminal billing for retail consumption of electric, gas, and water services, there shall appear a conspicuous notation of charges for fuel adjustment and a notation of the meter reading upon which the billing was computed, including the previous reading and consumption. Where a customer is on a voluntary "budget bill" or "levelized bill" agreement, the actual consumption for any period of time may be omitted until the annual anniversary account billing. The rates on which the bill was computed shall be made readily available to the customer upon demand; and a notation of where the rates can be obtained shall appear on the face of the bill.   (Code 1933, § 93-309.3, enacted by Ga. L. 1975, p. 574, § 1.)   RESEARCH REFERENCES   ALR.    - When does statute of limitations commence to run against action to recover back overcharge for public utility service, 108 A.L.R. 751.   Variations of utility rates based on flat and meter rates, 40 A.L.R.2d 1331.
GA Code § 46-2-29 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-29. Requirement of Confidentiality of Information Obtained by Commission Member or Employee in a Proceeding Under Code Section 46-2-28

  No member or employee of the commission shall, except when legally called upon by a court of competent jurisdiction, disclose or impart to anyone any fact which was obtained in his official capacity from or through any proceeding filed with the commission under Code Section 46-2-28, provided that this Code section shall not apply to any fact or information which is obtained through public hearings or which is not confidential in nature.   Any person who violates this Code section shall be guilty of a misdemeanor.    (Ga. L. 1907, p. 72, § 8; Civil Code 1910, § 2665; Code 1933, § 93-319.)