Appointment and General Powers of Division Director; Members and Meetings of Professional Licensing Boards; Examination Standards; Roster of Licensees; Funding

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. General Provisions
  5. Appointment and General Powers of Division Director; Members and Meetings of Professional Licensing Boards; Examination Standards; Roster of Licensees; Funding

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    1. There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.
    2. Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.
  2. The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.
  3. The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Board the qualifications of such personnel.
  4. The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards.
  5. The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.
  6. Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.
  7. All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director.
  8. A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.
  9. A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review.
  10. The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.
  11. The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
    1. Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;
    2. Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;
    3. Examination questions and other examination materials, except to the staff and the board; and
    4. The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.
  12. Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act."

(h.1)Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title.

(Ga. L. 1931, p. 7, §§ 89, 89A; Code 1933, §§ 84-101, 84-102; Ga. L. 1943, p. 370, § 1; Ga. L. 1955, p. 323, § 1; Ga. L. 1975, p. 412, § 1; Ga. L. 1977, p. 758, § 1; Ga. L. 1981, p. 1898, § 1; Ga. L. 1990, p. 1965, § 1; Ga. L. 2000, p. 1706, § 2; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2010, p. 266, §§ 6, 7/SB 195; Ga. L. 2012, p. 446, § 2-64/HB 642.)

Cross references.

- Expense allowance of General Assembly members and legal mileage allowance, §§ 28-1-8,45-7-4,50-19-7.

Allowing inspection of public records generally, § 50-18-70 et seq.

Editor's notes.

- Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 1 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.

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."

JUDICIAL DECISIONS

Georgia Board of Dentistry.

- Service upon the joint-secretary of the state examining boards, in reliance upon the provisions of former Code 1933, §§ 84-101 and 84-102 (see now O.C.G.A. § 43-1-2), was not sufficient to obtain the appearance of the individual members of the Georgia Board of Dentistry since the board was itself a legal entity capable of suing and being sued under former Code 1933, § 84-102 (see now O.C.G.A. § 43-11-2). Clark v. Board of Dental Exmrs., 240 Ga. 289, 240 S.E.2d 250 (1977).

Cited in Youmans v. Steele, 217 Ga. 747, 125 S.E.2d 215 (1962); Wall v. American Optometric Ass'n, 379 F. Supp. 175 (N.D. Ga. 1974).

OPINIONS OF THE ATTORNEY GENERAL

Support personnel and executive directors.

- Joint-secretary of state examining boards are given broad powers of appointment with respect to all support personnel and executive directors for the various examining boards. 1982 Op. Att'y Gen. No. 82-4.

Location of meetings.

- State examining boards must hold all meetings in the capitol, except for examinations of applicants for licenses, which may be conducted at other designated places; it is clear that the boards cannot meet at such places as Jekyll Island. 1965-66 Op. Att'y Gen. No. 66-80.

Applicability.

- Provisos contained in this section applied generally to all of the professional licensing boards. 1945-47 Op. Att'y Gen. p. 513.

State Building Administrative Board workers.

- Persons who provide the services statutorily required to the State Building Administrative Board are employees of the Secretary of State and the duties of such persons are determined by delegation of authority made by the Secretary of State. 1975 Op. Att'y Gen. No. 75-43.

Quorum.

- Majority of the total number of positions on a given licensing board is required to constitute a quorum as identified in O.C.G.A. § 43-1-2(h), and a majority of such quorum is necessary for board actions other than the specific actions set forth in O.C.G.A. § 43-1-19(a), which requires an affirmative finding by a majority of the board. 2003 Op. Att'y Gen. No. 2003-6.


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