(For Effective Date, See note.) Powers and Duties of Commission, Board of Commissioners, and Officers; Confidentiality; Repayments and Refunds

  1. Law
  2. Georgia Code
  3. Education
  4. Postsecondary Education
  5. Scholarships, Loans, and Grants
  6. Georgia Student Finance Commission
  7. (For Effective Date, See note.) Powers and Duties of Commission, Board of Commissioners, and Officers; Confidentiality; Repayments and Refunds

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  1. In addition to all other provisions of this part and in furtherance of the purposes of the commission, the commission shall have the following powers, duties, and functions:
    1. The board of commissioners shall serve as the board of directors of the corporation pursuant to this paragraph and Part 2 of this article; and, whenever they are convened as and are acting in the capacity of the board of directors of the corporation, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the corporation in accordance with Part 2 of this article without regard to any other power, duty, or function vested in them under this part or under any other provision of law;
    2. The board of commissioners shall serve as the board of directors of the authority pursuant to this paragraph and Part 3 of this article; and, whenever they are convened as and are acting in the capacity of the board of directors of the authority, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the authority in accordance with Part 3 of this article without regard to any other power, duty, or function vested in them under this part or under any other provision of law;
    3. The officers of the commission shall serve in the same capacity as officers of the corporation and as officers of the authority, respectively, pursuant to this paragraph and Parts 2 and 3 of this article, respectively. Nothing contained in this part, however, shall be construed to mean or require that the officers of the board of directors of the corporation and the officers of the board of directors of the authority shall be the same persons or that they shall be the same persons who are serving as officers of the board of commissioners under this part;
    4. The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the corporation and disburse such moneys to the corporation;
    5. The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the authority and disburse such moneys to the authority;
    6. The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the commission and use such moneys for purposes of the commission;
    7. The commission shall also have the following additional powers:
      1. To adopt an official seal and to alter the seal at its pleasure;
      2. To maintain a principal office and such other offices as it may deem necessary;
      3. To adopt bylaws and policies for the regulation of its affairs and the conduct of its business;
      4. To adopt rules and regulations necessary or appropriate for the administration of its affairs; the exercise of its powers, duties, and functions; and the accomplishment of its purposes, pursuant to this part;
      5. To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this part;
      6. To perform such other acts as may be necessary or appropriate to effectuate the purposes of the commission under this part;
      7. To enter into agreements with the United States government for the purpose of securing the benefits of any federal law which provides federal funds for any student financial aid purpose or for any activity related to student financial aid, including, without limitation, activities such as research activities, the collection and reporting of data, the administration of any activity related to student financial aid, and dissemination of information and services to the public; to comply with the provisions of such federal law; to adopt such rules, regulations, resolutions, and procedures as may be necessary to secure such federal funds; and to provide matching funds as may be required from funds available to the commission;
      8. To solicit, receive, and accept funds from any source, public or private, by gift, grant, bequest, or otherwise, either absolutely or in trust, and to hold, use, invest, administer, and expend such funds on behalf of the commission and for any of its purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on behalf of the commission and for any of its purposes; and
      9. To advertise or otherwise promote the programs, functions, and purposes of the commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority and to expend funds available to the commission for such purposes.
  2. Pursuant to Code Section 50-18-70, the commission shall not disclose and shall keep confidential, in each case unless identifying information has been redacted:
    1. Records that include information identifying a student or former student by name, address except for ZIP Code, telephone number, or emergency contact; and
    2. Records that reveal an individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information, insurance or medical information in all records, unlisted telephone number if so designated in a public record, personal e-mail address or cellular telephone number, or month and day of birth.
  3. (For effective date, see note.) Except as prohibited by federal or state law and as limited by paragraph (1) of subsection (a) of Code Section 18-4-5, individuals who owe any amount to the commission relating to any scholarship or grant made by the commission, including repayments and refunds, are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the commission. As used in this subsection, the term "refund" means scholarship and grant amounts paid to or on behalf of individuals, in accordance with rules and regulations promulgated by the commission, subsequently determined to be ineligible to receive such scholarship and grant amounts. The remedies set forth in this subsection shall be in addition to all other remedies available at law and in equity.

(Code 1933, § 32-3107, enacted by Ga. L. 1980, p. 835, § 1; Ga. L. 1981, p. 735, § 52; Ga. L. 1992, p. 1001, § 1; Ga. L. 1996, p. 837, § 2; Ga. L. 2014, p. 801, § 1/HB 697; Ga. L. 2015, p. 935, § 1/HB 320; Ga. L. 2020, p. 691, § 36/SB 443.)

RESEARCH REFERENCES

C.J.S.

- 14A C.J.S., Colleges and Universities, § 12 et seq. 81A C.J.S., States, §§ 123, 229.


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