If an examination given by a professional licensing board is required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined.
(Ga. L. 1960, p. 1172, § 2; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 10/SB 195.)
OPINIONS OF THE ATTORNEY GENERAL
Purpose of provisions.
- Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) was to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.
Preference not applied retroactively.
- Applicants who took an examination and received scores prior to the effective date of Ga. L. 1960, p. 1172, §§ 1, 2 (see now O.C.G.A. §§ 43-1-9 and43-1-10) cannot have veterans' preference points applied to those scores. 1972 Op. Att'y Gen. No. 72-119.
Provisions mandatory, leaving board no discretion.
- As each section employs the word "shall" in the statute's provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) are mandatory and allow the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.
Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board for Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.
Board should ascertain numerical score when "fail" grade is reported.- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.
RESEARCH REFERENCES
Am. Jur. 2d.
- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 89 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, § 48 et seq.