reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-15 - REGISTRATION OF COMMUNICATIONS OFFICERS › Rule 464-15-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-15 - REGISTRATION OF COMMUNICATIONS OFFICERS › Rule 464-15-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-15 - REGISTRATION OF COMMUNICATIONS OFFICERS › Rule 464-15-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-15 - REGISTRATION OF COMMUNICATIONS OFFICERS › Rule 464-15-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-16 - TRAINING OF COMMUNICATIONS OFFICERS › Rule 464-16-.01 - Basic Course

Current through Rules and Regulations filed through June 27, 2024
The Council shall formulate and promulgate a program of
				instruction for each category of communications officers it deems necessary.
				The program will comprise fundamental communications skill and knowledge, and
				shall be designated the basic course. Those not employed with a communications
				center may be allowed to attend the basic course. All tuition and costs
				associated with attendance in the basic course by the preservice attendee shall
				be paid by said attendee. Individuals employed as a communications officer must
				attend the basic course within six (6) months of the initial date of employment
				in order to perform the duties of a communications officer.
Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-16 - TRAINING OF COMMUNICATIONS OFFICERS › Rule 464-16-.02 - Basic, In-Service Training and Specialized/Advanced Course Administration

Current through Rules and Regulations filed through June 27, 2024
Basic, in-service, and specialized/ advanced courses shall be
				administered by schools certified in accordance with these Rules, except that
				the Council may, in its discretion, recognize college, junior college,
				technical school, trade school, or similar institution which is substantially
				equivalent to that which the Council may establish. The Basic Communications
				Officer Training Course shall at all times be delivered on the premises of an
				academy certified in accordance with these Rules or sites specifically approved
				by Council, and be delivered to the entire class as a single entity except
				where certain remedial training is required by P.O.S.T.
				policy.
Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-16 - TRAINING OF COMMUNICATIONS OFFICERS › Rule 464-16-.03 - Instructor Training Course

Current through Rules and Regulations filed through June 27, 2024
All Communications Officers wishing to instruct in the Basic
				Communications Officer Training Course must be certified P.O.S.T. instructors,
				having attended training specified in 464-05-.04 of these Rules, and in
				compliance with Chapter 464-6 of these Rules, as specified by
				Council.
O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-16 - TRAINING OF COMMUNICATIONS OFFICERS › Rule 464-16-.04 - Schools Required to be Certified

Current through Rules and Regulations filed through June 27, 2024
All schools which intend to offer the Basic Communications
				Officer Training Course must meet the certification standards as outlined in
				464-05-.05 of these Rules.
Authority O.C.G.A. Secs.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-16 - TRAINING OF COMMUNICATIONS OFFICERS › Rule 464-16-.05 - All Other Rules of the Council Applicable

Current through Rules and Regulations filed through June 27, 2024
All rules of the Georgia Peace Officers Standards and Training
				Council not specifically addressed in Chapter 16 are applicable and enforceable
				to all those entering or continuing employment as a Communications Officer with
				a Communications Center, as specified by Council Rules and the
				law.
O.C.G.A. Sec.
				  35-8-7,  35-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-18 - PETITIONS TO COUNCIL › Rule 464-18-.01 - Petition for Reinstatement of Certification or Reconsideration of Application

Current through Rules and Regulations filed through June 27, 2024
(a) After two (2) years (24 calendar months)
			 in a revoked or denied status, a former officer or applicant may petition
			 Council for reinstatement of certification or reconsideration of application.
			 The written petition must contain the following information:
(1) Name, Officer Key (O-key) Number, present
			 address and telephone number of petitioner, and
(2) A statement clearly outlining why the
			 petitioner feels that a reinstatement or reconsideration is
			 justified.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-18 - PETITIONS TO COUNCIL › Rule 464-18-.02 - Request for Waiver or Extension

Current through Rules and Regulations filed through June 27, 2024
(a) Except as otherwise provided by law and
			 for good cause shown, the Council may, in the exercise of its discretion, grant
			 a waiver or waivers of an existing requirement or grant a reasonable period or
			 periods of extension of any requirement imposed under these Rules. All requests
			 for waivers or extensions must be submitted in writing.
(b) The written request must contain the
			 following information:
(1) Name, Officer Key
			 (O-Key) Number, present address and telephone number of person requesting
			 waiver or extension, and
(2) A
			 statement clearly outlining why the requestor feels that a waiver of extension
			 is justified.
Compilation of Rules and Regulations of the State of Georgia › Department 464 - GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Chapter 464-18 - PETITIONS TO COUNCIL › Rule 464-18-.03 - Administrative Fee

Current through Rules and Regulations filed through June 27, 2024
An administrative fee, as prescribed by the Council, must be
				submitted with the written request.
Authority O.C.G.A. Sec.
				  35-8-7.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which
			 the Rule was originally filed and its effective date, as well as the date on
			 which any amendment or repeal was filed and its effective
			 date.
Chapter 469-1, entitled "Marketing Order for Peaches,"
			 containing Rules  469-1-.01  through  469-1-.14, was filed and effective on June
			 30, 1965.
Rule  469-1-.08  has been amended. Filed May 1, 1987;
			 effective May 21, 1987. Paragraph  469-1-.09(1)  has been amended. Filed May 19,
			 1987; effective June 8, 1987.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.03 - Scope of Operation

Current through Rules and Regulations filed through June 27, 2024
(1) Research.
(2)
				Promotion.
(3) Education.
(4) Establishing grading
				standards of quality, including a requirement that no peaches be offered for
				sale other than the following grades: U.S. Fancy, U.S. No. 1, and U.S. No. 2;
				including the authority of the Commission to prohibit the sale for the fresh
				market of the peaches below the size of from 1 5/8" to 1 7/8" minimum to be
				determined by the Commission; and further authorizing the sale of ripe peaches,
				but not mushy or leaking peaches, with the authority of the Commission to
				establish regulations relative to the sale thereof. Immature peaches shall not
				be offered for sale under any condition.
The Commission shall
				further have the authority to lower the grade below a U.S. No.
				2.
(5) This section was deleted as a result of the testimony given
				at a public hearing.
(6) Establishing of surplus, stabilization, or
				by-product pool or pools, and to provide for the sale or disposition of the
				peaches in any such pool or pools, including, but not limited to the erection,
				maintenance, and operation of processing plants.
(7) To provide a
				means for the prohibition of unfair trade practices, relating to misleading the
				buyer, purchaser or consumer, and to contest any trade practices affecting the
				processing, distribution or handling of peaches.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.04 - Extent of Operation

Current through Rules and Regulations filed through June 27, 2024
The extent of operation under the statutory
				authority shall be as determined by the Commission within the limitations of
				the statutory authority. The Commission shall have the right to determine the
				activities of the Commission and the expenditure of funds under any one or all
				of the areas permitted under statutory authority.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.05 - Term of Operation

Current through Rules and Regulations filed through June 27, 2024
The term of operation under this Order shall be
				for the year beginning July 1, 1961, and ending June 30, 1962, and from year to
				year thereafter until terminated by law.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.06 - Method of Approval

Current through Rules and Regulations filed through June 27, 2024
(1) The approval of this Order shall be by
				written assent of the producers as authorized and provided by Section 14(a),
				Ga. L. 1961, p. 301 as amended. The approval by producers shall be in an amount
				not less than 65 per cent of the producers who produce not less than 51 per
				cent of the total volume of production, or upon the approval of not less than
				51 per cent of the producers who produce not less than 65 per cent of the total
				volume of production.
(2) The approval shall be determined by the
				Commission upon receipt of written assent of producers.
(3) The
				approval of members of non-profit agricultural cooperative marketing
				associations (co-ops) may be had under the provisions of Section 14(a), (3),
				Ga. L. 1961, p. 301 as amended.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.07 - Time for Approval

Current through Rules and Regulations filed through June 27, 2024
Written assents or rejections shall be received
				by the Commission during the period of June 13, 1961, through July 25, 1961,
				with the authority of the Commission to declare this Order approved upon the
				receipt of the requisite number of assents from producers who produce the
				requisite percentage of peaches.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.08 - Affected Producers

Current through Rules and Regulations filed through June 27, 2024
This Order shall apply to all producers of
				peaches in this State who produce commercially packed and processed peaches for
				sale within and without the State, and in addition thereto, the provisions of
				the Order, relating to grading, selling and marketing of peaches, shall be
				applicable to all peaches sold in this State.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.09 - Method of Finance

Current through Rules and Regulations filed through June 27, 2024
(1) Projects, undertakings and expense incurred
				under this Order shall be financed by an assessment and levy of not more than
				ten cents (10¢) per bushel (50 lbs.) on all packed fruit for sale as fresh
				fruit. "Packed" means the specific arrangement by size, weight, count or grade
				of any quantity of peaches in a particular type and size of container or any
				combination thereof. Not more than one cent (1¢) per bushel (50 lbs.) on
				peaches for processing other than for wine, pickles and spiced peaches, which
				shall be one-half cent (1/2¢) per bushel (50 lbs.) This shall be
				based on weight or bushel on which the producer received payment. The
				assessment and levy shall be against the producer of peaches. Upon the approval
				of the requisite number of producers and effective as of May 1, 1965 and on
				each May 1 thereafter, a levy and assessment of not more than ten cents
				(10¢) per bushel (50 lbs.) on all packed fruit for sale as fresh fruit and
				not more than one cent (1¢) per bushel (50 lbs.) on peaches for processing
				other than for wine, pickles and spiced peaches, which shall be one-half cent
				(1/2¢) per bushel (50 lbs.) is hereby made. Such levy shall continue
				of force and effect until this Order is suspended or superseded as provided by
				law and during the time this Order remains of force and effect.
(2)
				To the end that the Commission shall have such funds to defray expenses pending
				the collection of such funds under the levy and assessment herein provided, the
				Commission shall be authorized to borrow money and hypothecate anticipated
				collections as authorized under Section 16(d), Georgia Laws 1961, p. 301 as
				amended.
O.C.G.A. Sec.
				  2-8-1.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.10 - Method of Collection

Current through Rules and Regulations filed through June 27, 2024
(1) The levy and assessment provided by this
				Order shall be collected from producers. As an aid in such collection,
				handlers, sales agents, packers and processors shall deduct the amount of such
				levy and assessment from each payment made to the producer and they shall remit
				the same to the Commissioner of Agriculture for the account of the
				producer.
(2) The Commissioner is authorized in the collection of
				funds to adopt and utilize a reporting and auditing method of collecting the
				levy and assessment provided herein.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.11 - Administration and Enforcement

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Agriculture shall administer
				and enforce the provisions of this Order, particularly as to the collection of
				levies and assessments.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.12 - Expenditure of Funds

Current through Rules and Regulations filed through June 27, 2024
The Commission is hereby authorized to expend
				funds of the Commission as it deems necessary to defray the costs and expenses
				incurred under this Order. The Commission is further authorized to expend funds
				to defray the actual costs and expenses of the Commission, including employees,
				special committees, advisory boards and individuals to aid, advise and assist
				the Commission in the performance of its duties.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.13 - Contracts

Current through Rules and Regulations filed through June 27, 2024
The
				Commission may enter into contracts as it deems necessary and advisable in the
				performance of its duties under the provisions of this Order, including, but
				not limited to, contracts with the Georgia Peach Council and for the
				performance of duties and services, as the Commission shall deem necessary and
				proper.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 469 - AGRICULTURAL COMMODITY COMMISSION FOR PEACHES › Chapter 469-1 - MARKETING ORDER FOR PEACHES › Rule 469-1-.14 - Records

Current through Rules and Regulations filed through June 27, 2024
It shall be
				the duty and responsibility of each affected person to keep adequate records
				that show the true amount of peaches produced, sold or purchased by him, and to
				make such records available for inspection and audit by the Commission and the
				Commissioner.
Ga. L.
				1961, p. 301 as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule give
			 the date on which the Rule was originally filed and its effective date, as well
			 as the date on which any amendment or repeal was filed and its effective date.
			 Principal abbreviations used in the Administrative History are as
			 follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control
			 number)
Ch. - Chapter (Abbreviated only at the beginning of the control
			 number)
ER. - Emergency Rule
Rev. - Revised
Chapter 472-1 entitled "Marketing Order for Pecans" containing
			 Rules  472-1-.01  to  472-1-.14  has been adopted. Filed June 15, 1995; effective
			 September 1, 1995, as specified by the Agency.
Rules  472-1-.09  and  472-1-.10  amended.F.Jun. 16, 2014; eff. Aug.
			 1, 2014, as specified by the Agency.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.02 - Area of Production Affected

Current through Rules and Regulations filed through June 27, 2024
The entire State of Georgia.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.03 - Scope of Operation

Current through Rules and Regulations filed through June 27, 2024
(1) Research--(Production and Market Development).
(2) Promotion.
(3) Education.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.04 - Extent of Operation

Current through Rules and Regulations filed through June 27, 2024
The extent of operation under the statutory authority shall be
				as determined by the Commission within the limitations of the statutory
				authority. The Commission shall have the right to determine the activities of
				the Commission and the expenditure of funds under any one or all of the areas
				permitted under statutory authority.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.05 - Term of Operation

Current through Rules and Regulations filed through June 27, 2024
The term of operation under this Order shall be for a three
				year period beginning September 1, 1995 and ending August 31, 1998, unless
				extended as provided by law.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.06 - Method of Approval

Current through Rules and Regulations filed through June 27, 2024
(1) The approval of this order shall be by referendum of the
				affected producers as authorized and provided by O.C.G.A.  2-8-23 paragraphs (3)
				and (5).
(2) The approval shall be determined by the Commission at the
				close of such referendum period or provided by O.C.G.A.  2-8-23 paragraphs (3)
				and (5).
(3) The approval or disapproval of affected producers shall be
				upon an individual producer basis.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.07 - Time for Approval

Current through Rules and Regulations filed through June 27, 2024
In the event the Commission, after a public hearing, determines
				that a referendum shall be held, a thirty (30) day period shall be set during
				which time ballots shall be received. The Commission has the authority to
				declare this order approved upon the results of tabulation revealing the
				requisite numbers of favorable ballots from producers who produce the requisite
				percentage.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.08 - Affected Producers

Current through Rules and Regulations filed through June 27, 2024
This Order shall apply to all producers of pecans for sale
				within and without this state who have 30 acres or more of pecan trees planted
				in a grove-like manner.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.09 - Method of Finance

Current through Rules and Regulations filed through June 27, 2024
(1) Projects, undertakings and expense incurred under this
				Order shall be financed by an assessment and levy of not more than one
				(1¢) cent per pound on in-shell pecans produced in this state for sale.
				The assessment and levy shall be against the affected producers of pecans. Upon
				approval of this requisite number of affected producers and effective as of
				August 1, 2014, a levy assessment of one (1¢) cent per pound on in-shell
				pecans is hereby made. Such levy shall continue of force and effect until this
				Order is suspended or superseded as provided by law and during the time this
				order remains of force and effect.
(2) To the end that the Commission shall have such funds to
				defray expenses pending the collection of such funds under the levy and
				assessment herein provided, the Commission shall be authorized to borrow money
				and hypothecate anticipated collections as authorized by O.C.G.A.
				  2-8-27(d).
O.C.G.A.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.10 - Method of Collection

Current through Rules and Regulations filed through June 27, 2024
(1) The levy and assessment provided by this Order shall be
				collected from affected producers. As aid in such collection, buyers, handlers,
				distributors, sales agents, and processors shall deduct amount of such levy and
				assessment from each payment made to the affected producer and they all remit
				the same to the Commissioner of Agriculture for the account of the producer.
				The first handler will collect and remit the one cent (1¢) per pound
				assessment on all pecans purchased from affected producers.
(2) The Commissioner is authorized in the collection of funds
				to adopt and utilize a reporting and auditing method of collecting the levy and
				assessment provided herein.
O.C.G.A.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.11 - Administration and Enforcement

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Agriculture shall administer and enforce
				the provisions of this Order, particularly as to the collection of levies and
				assessments.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.12 - Expenditure of Funds

Current through Rules and Regulations filed through June 27, 2024
The Commission is hereby authorized to expend funds of the
				Commission as it deems necessary to defray the costs and expenses incurred
				under this Order. The Commission is further authorized to expend funds to
				defray the actual costs and expenses of the Commission, including employees,
				special committees, advisory boards and individuals to aid, advise and assist
				the Commission in the performance of its duties.
O.C.G.A. Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.13 - Contracts

Current through Rules and Regulations filed through June 27, 2024
The Commission may enter into contracts as it deems necessary
				and advisable in the performance of its duties under the provisions of this
				Order, for the performance of duties and services, as the Commission shall deem
				necessary and proper.
O.C.G.A Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS › Chapter 472-1 - MARKETING ORDER FOR PECANS › Rule 472-1-.14 - Records

Current through Rules and Regulations filed through June 27, 2024
It shall be the duty and responsibility of each affected person
				to keep adequate records that show the true amount of pecans produced, sold, or
				purchased by him. and to make such records available for inspection and audit
				by the Commissioner.
O.C.G.A Sec.  2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-1 - ORGANIZATION › Rule 475-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
(1) The State Board
			 of Pardons and Paroles shall be composed of five members, appointed by the
			 Governor for seven year terms subject to the confirmation of the
			 Senate.
(2) Members of the Board
			 may be removed from office for cause by the concurrent action of the Governor,
			 Lieutenant Governor, and Attorney General.
(3) The Board may establish qualifications
			 for employees and appoint such clerical, stenographic, supervisory and expert
			 assistants as it may deem necessary, and in its discretion may discharge such
			 employees.
(4) The public may
			 obtain additional information at the Board's headquarters or on its website:
			 pap.ga.gov.
Ga. L. 1943, pp. 185,
				186; Ga. L. 1972, pp. 1356-1359; Ga. L. 1973, p. 4368; Ga. L. 1973, pp. 157,
				158. Effective January 28, 1974; Ga. Const. 1983, Art. 4, Sec. 2, ¶ 1;
				O.C.G.A. Sec.
				  42-9-45.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-2 - DUTIES OF THE BOARD › Rule 475-2-.01 - Duties of the Board

Current through Rules and Regulations filed through June 27, 2024
(1) The Board shall have the power to grant
			 reprieves, pardons and paroles, to commute penalties, remove disabilities
			 imposed by law and may remit any part of sentence(s) for any offenses against
			 the State, after conviction. The Chairman of the Board, or any other member
			 designated by the Board, may suspend the execution of a sentence of death until
			 the full Board shall have an opportunity to hear the application of the
			 convicted person for any relief within the power of the Board. The Board is
			 charged with the duty of determining which individuals may be granted relief
			 and determining conditions and requirements for all persons placed on parole.
(a) The Board may order that an adult
			 offender make restitution or perform community service, or both, as a condition
			 of any relief granted by the Board.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.01 - Rule Making Authority

Current through Rules and Regulations filed through June 27, 2024
The Board may adopt and promulgate rules not inconsistent with
				the law.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1964, pp. 487-489.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.02 - Representation For or Against Clemency

Current through Rules and Regulations filed through June 27, 2024
(1) Repealed.
(2) Employment of an attorney to represent a
			 person before the Board is not required; this is a matter to be decided by the
			 inmate, parolee or anyone acting in his behalf.
(3) Only licensed attorneys who are active
			 members, in good standing, of the State Bar of Georgia, may appear before the
			 Board for a fee. As a condition precedent to representing a parolee at any
			 revocation hearing the attorney shall file a written and personally signed
			 notice of appearance with the Board at its central office headquarters not less
			 than 48 hours prior to the scheduled hearing. The notice of appearance shall in
			 every case state: the name and identity number of the parolee; the name,
			 address, State Bar membership number, phone and/or fax number of the attorney;
			 and the time and place of the scheduled hearing, if any. Entry of counsel shall
			 not itself be any cause for delaying a scheduled hearing. Hearings shall not be
			 rescheduled at the request of counsel unless counsel has first provided written
			 notice to the Board setting forth: the complete caption or style of suchever
			 case in state or federal court alleged by counsel to constitute a direct and
			 immediate scheduling conflict; the names and phone numbers of the judge and the
			 clerk of such court; and the attorney's proposal for resolving the schedule
			 conflict expeditiously. Any such notice of conflict must be received by the
			 Board not later than 48 hours prior to the scheduled revocation or other
			 hearing at which counsel desires to appear. No delays or continuances of any
			 kind shall be granted by the Board in any case where counsel for the parolee
			 has failed to abide by all elements of each requirement of this paragraph. No
			 hearing shall be rescheduled more than once at the request of counsel for the
			 parolee.
(4) The Board may require
			 any attorney representing a person before the Board to file a sworn statement
			 as to whether a fee is involved.
(5) The Board shall maintain a complete
			 written record of every person contacting any member of the Board on behalf of
			 a prisoner. Such record shall include the name and address of the person
			 contacting the Board Member and the reason for contacting such Board
			 Member.
(6) The Board encourages
			 written communication in order that the information contained therein may be
			 available to the Board when reviewing a case.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1964, pp. 487-489; Ga. L. 1968, p.
				1193.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.03 - Acceptance of Conditions in Writing

Current through Rules and Regulations filed through June 27, 2024
Any relief granted by the Board which subjects the inmate to
				certain conditions must be accepted by the inmate, in writing, before the
				relief becomes effective.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1964, pp. 487-489.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.04 - Withdrawal of Grants of Relief

Current through Rules and Regulations filed through June 27, 2024
The Board reserves the right to withdraw the grant of all forms
				of relief prior to the effective date if, in its discretion, it believes it to
				be in the public interest to do so.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1964, pp. 487-489.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.06 - Time-Served Requirements for Parole Consideration

Current through Rules and Regulations filed through June 27, 2024
(1) An inmate serving a life sentence, for
			 which parole is authorized by law, is automatically considered for parole on
			 the date permitted by applicable constitutional or statutory law.
(2) An inmate serving a sentence other than
			 life imprisonment, for which parole consideration is authorized by law, is
			 considered under Parole Decision Guidelines. After investigations are complete,
			 the Board applies the Parole Decision Guidelines to the particular
			 circumstances of the inmate's case and notifies the inmate that he or she is
			 denied parole throughout his or her confinement or notifies the inmate of a
			 tentative parole month for some future time.
(3) If, upon the initial application of the
			 Parole Decision Guidelines System, it is recommended that an inmate be denied
			 parole throughout his or her confinement, the inmate will be considered for
			 parole at the expiration of one-third of the sentence or sentences.
O.C.G.A. Secs.
				  16-8-83,  17-10-6.1,  17-10-7,  17-10-16,  42-9-20,  42-9-39,  42-9-40,  42-9-42,  42-9-45.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.07 - Notification to Officials

Current through Rules and Regulations filed through June 27, 2024
(1) When the Board issues a parole order, a
			 notice of parole will within 72 hours be sent to the presiding judge, district
			 attorney, and sheriff of the county of conviction and to the sheriff of the
			 county of the parolee's last residence if this was in Georgia.
(2) Repealed.
(3) When the Board seriously considers
			 commuting an inmate's sentence, it may notify the sentencing judge and invite
			 him to express his views on the proposed action.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1964, pp. 487, 489; Ga. L. 1972, p. 410; Ga. L. 1975, pp. 793, 794;
				Ga. L. 1980, pp. 1382-1388.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.09 - Records of Board are Confidential

Current through Rules and Regulations filed through June 27, 2024
(1) All information both oral and written
			 received by the Board in the performance of its duty, not public record
			 elsewhere or not obtained in a public hearing of the Board, shall be classified
			 as confidential state secrets unless declassified by resolution of the
			 Board.
(2) Requests for classified
			 information must be submitted to the Board in writing and shall set forth the
			 specific information desired and the reason therefor.
(3) The Board will not consider a disclosure
			 of numerical division in the votes of the Board nor of the decision of an
			 individual Board member in a decision to extend clemency except on request of
			 the Governor or the Attorney General. The Board may make such a disclosure on
			 its own motion where there is a unanimous consent of all Board members,
			 or
(4) The Chairman of the Board
			 may disclose, in his discretion, sufficient information to clarify misleading
			 or erroneous allegations and when deemed in the best interest of the public and
			 the parole system.
Ga. L. 1943, pp. 185,
				194; Ga. L. 1953 (Nov. Sess.), pp. 210, 211.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.10 - Other Clemency. Amended

Current through Rules and Regulations filed through June 27, 2024
(1)
Reprieves:
(a) The Board may at
			 its discretion grant reprieves to inmates usually for a limited number of days
			 for compassionate reasons or medical reasons. Since the Department of
			 Corrections has a policy of granting special leaves to inmates for
			 compassionate and medical reasons with certain restrictions, the inmate should
			 first seek leave with the Department of Corrections. Written requests for
			 reprieves should be submitted to the Board and supported by written evidence on
			 which the reprieve is sought.
(b)
			 Requests for emergency reprieves for medical and compassionate reasons may be
			 made by telephone to a representative of the Board or a Board member on
			 weekends and official holidays.
(c)
			 The Board may grant supervised reprieves to inmates of more extensive periods
			 of time for compassionate, medical and other reasons. Applications for
			 supervised reprieve may be in any written form supported by written evidence on
			 which the reprieve is sought.
(d)
			 Time on reprieve will be credited toward service of sentence provided the
			 inmate complies with the conditions of the reprieve unless stated otherwise in
			 the Board's order. However, should the reprieve be cancelled or rescinded due
			 to noncompliance with the conditions thereof, no time served on reprieve will
			 be credited as earned.
(e) All
			 reprieve requests will be considered on the written record and no hearing will
			 be held by the Board for such consideration.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.11 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1943, pp. 185,
				194, Ga. L. 1964, pp. 487-498.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1943, pp. 185,
				Sec. 23; 194; Ga. L. 1964, pp. 487-489, Sec. 1; Ga. L. 1969, p. 948, Sec. 1;
				Ga. L. 1985, p. 283, Sec. 1.
Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.13 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1943, pp. 185,
				Sec. 23; 194; Ga. L. 1964, pp. 487-489, Sec. 1; Ga. L. 1969, p. 948, Sec. 1;
				Ga. L. 1985, p. 283, Sec. 1.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.02 - Terms and Definitions

Current through Rules and Regulations filed through June 27, 2024
This Rule provides definitions to be used when applying the
				Rules of the State Personnel Board. Key terms that are used in only one Rule
				may be defined within that Rule, rather than below.
(1) "Agency" and "Department" are used
			 interchangeably to mean an Executive Branch employer, local department of
			 Public Health, or Community Service Board. This term excludes the Board of
			 Regents, authorities, and public corporations.
(2) "Agency Head" and "Department Head" are
			 used interchangeably to mean the highest ranking official within a State
			 entity.
(3) "Allocation" means the
			 establishment of a new position and its assignment to the appropriate job title
			 and job code within the classification plan.
(4) "Applicant" means an individual who meets
			 all of the following criteria:
1) expresses
			 written interest in employment,
2)
			 is considered for employment in a particular position for which the individual
			 is qualified, and
3) does not
			 withdraw from consideration at any point in the selection
			 process.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.04 - Reduction in Force

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction:
A reduction in force is the separation from a job, furlough, or
				salary reduction of one (1) or more employees as the result of a shortage of
				work or funds, a change in organization or operations, or to otherwise support
				the financial health and viability of an agency. This Rule defines the process
				for implementing reduction in force actions.
(2)
Applicability:
This Rule applies to Executive Branch employers, local
				departments of Public Health, and Community Service Boards. It does not apply
				to other public corporations, Authorities, or the Board of Regents of the
				University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in Rule
				  478-1-.02,
Terms and
				Definitions
:
(a) "Average
			 Summary Rating" means the average of the summary ratings of all annual
			 performance evaluations issued in the two years immediately prior to the
			 performance evaluation cutoff date.
(b) "Competitive Area" means an
			 organizational, budgetary, or geographic part of the agency to which a
			 reduction in force is to apply, such as a particular worksite, budget unit,
			 function, or the entire agency. A reduction in force may include multiple
			 competitive areas.
(c) "Competitive
			 Jobs" means those job titles/codes to which the reduction in force is to
			 apply.
(d) "Overtime" means work
			 time that qualifies for premium compensation under the Fair Labor Standards Act
			 (FLSA). Typically it is time worked over 40 hours in an FLSA workweek with
			 limited exceptions that may apply to law enforcement, fire protection, and
			 health care employees.
(e) "Summary
			 Rating" means the overall rating provided on an annual performance
			 evaluation.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.05 - Policy Guidelines

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
All Rules
			 adopted by the State Personnel Board must follow the guidelines outlined in
			 this rule and must also comply with applicable federal, state, and local laws
			 and regulations, including those that govern the use of federal funds received
			 by an Agency.
(2)
Amending
			 Rules.
Any employee may submit a petition to the Agency in writing,
			 requesting amendment(s) to these Rules. The State Personnel Board will consider
			 proposed amendment(s) on written record only and will adopt them only at public
			 hearings. The State Personnel Board has established the following procedures to
			 ensure that interested parties and/or their representative have an opportunity
			 to comment on the proposed amendment(s) and attend the related public hearing.
			 When deemed appropriate, the Agency should submit a proposed amendment to the
			 State Personnel Board.
(a) At Least 45 Days
			 in Advance of the Public Hearing the State Personnel Board must prepare, post
			 and distribute a notice containing:
1. An
			 exact copy of the proposed amendment(s);
2. A citation to the authority that permits
			 the proposed amendment(s);
3. Any
			 corresponding rule (if the proposed amendment(s) relate to existing
			 policies);
4. The date by which all
			 written comments must be submitted to the State Personnel Board; and
5. The date, time, and place of the public
			 hearing at which adoption of the proposed amendment(s) will be considered.
(i) The notice must be posted in compliance
			 with O.C.G.A.
			  45-20-3.1 and  the Open Meetings Act (O.C.G.A.
			  50-14-1
et. seq.
), and provided to each member of the Government
			 Oversight Committee of the Senate and the Governmental Affairs Committee of the
			 House of Representatives.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.06 - Recruiting, Screening, and Hiring

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction:
This Rule provides a framework to support effective hiring and
				compliance with applicable employment laws and state wide policies. Each agency
				is responsible for developing and maintaining its own procedures for
				recruitment and selection that adhere to the general requirements of this
				Rule.
(2)
Applicability:
The provisions of this Rule apply when filling any vacant
				position within an agency covered by the Rules of the State Personnel
				Board.
(3)
Definitions:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in Rule
				  478-1-.02,
Terms and
				Definitions
:
(a) "Adverse
			 impact" means a substantially disproportionate rate of selection in hiring,
			 promotion, or other employment decision of individuals of a particular race,
			 color, religion, sex, or national origin.
(b) "Background check" means third-party
			 verification of background information including credit history checks,
			 criminal history checks, and driving history checks. "Background report" is the
			 actual report resulting from a background check.
(c) "Business necessity" means a requirement
			 that justifies an employment practice as necessary for effective, safe, or
			 efficient operations.
(d)
			 "Job-related" means necessary for successful performance of a job.
(e) "Sensitive government position" means a
			 position for which the law prohibits the employment of individuals with certain
			 criminal convictions or for which the agency head has pre-determined that
			 certain criminal history would be an immediate disqualification from
			 employment.
(f) "Social Media"
			 means all methods of communication or posting information or content of any
			 sort on the Internet or intranet, including to one's own or someone else's web
			 log or blog, personal web site, social networking or affinity web site, web
			 bulletin board or a chat room, as well as any other form of electronic
			 communication.
(g) "Vacancy" means
			 a position that is unoccupied, or soon-to-be unoccupied, or in the case of a
			 position with multiple part-time staff, that which is not fully occupied.