Publication of Description of Grant Program by Agency as Prerequisite to Making Grants

  1. Law
  2. Georgia Code
  3. General Assembly
  4. Financial Affairs
  5. Fair and Open Grants
  6. Publication of Description of Grant Program by Agency as Prerequisite to Making Grants

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Before any state agency may make any grant of public funds or of funds otherwise within its power of disposition, the state agency must publish in print or electronically a description of the grant program in the Official Compilation of the Rules and Regulations of the State of Georgia and the Secretary of State shall make such descriptions available for convenient public inspection.The description must contain at least the following:

  1. The name of the grant program;
  2. The citation to the statutory basis for the grant program in the Official Code of Georgia Annotated or other general law of the State of Georgia;
  3. The general scope and purpose of the grant program;
  4. General terms and conditions of the grant;
  5. Eligible recipients of the grant;
  6. The criteria for the award of the grant; and
  7. Directions and deadlines for applying for such grant.

(Code 1981, §28-5-122, enacted by Ga. L. 1993, p. 1914, § 20; Ga. L. 2010, p. 838, § 10/SB 388.)

OPINIONS OF THE ATTORNEY GENERAL

Applicability of Administrative Procedure Act.

- The Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., does not apply to O.C.G.A. Title 28, Chapter 5, Article 5 requirement of submitting a description of a program to the Secretary of State and, while the Secretary of State must publish the program descriptions in the rules, a state agency has complied sufficiently when it has filed the description with the Secretary. 1993 Op. Att'y Gen. No. 93-13.

Applicability to federal funds.

- O.C.G.A. § 28-5-122 makes clear that O.C.G.A. Title 28, Chapter 5, Article 5 applies to grants from federal funds, with the possible exception, hypothetically, of federal funds granted to the state under terms and conditions which preclude application of that article under the Supremacy Clause of the United States Constitution, but where state participation in the federal program is otherwise clearly authorized. 1993 Op. Att'y Gen. No. 93-13.


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