Chairperson and Secretary of Board; Meetings; Seal; Records of Proceedings; Appointment of Committees and Employees

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  5. Chairperson and Secretary of Board; Meetings; Seal; Records of Proceedings; Appointment of Committees and Employees

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  1. The board shall elect annually a chairperson from its members.
  2. The executive director shall serve as secretary of the board.
  3. The chairperson shall determine the date, time, and location of board meetings. Board meetings shall be held at the site of the primary office of the State Accounting Office unless otherwise specified by the chairperson. The chairperson shall provide three days' notice of any meeting; provided, however, that notice may be waived by instrument in writing executed before or after the meeting; provided, further, that attendance at a meeting of the board shall constitute a waiver of notice thereof. The chairperson may delegate the responsibility of setting the location, date, and time of board meetings and providing notice of meetings to the executive director. Board meetings may be conducted by audio or video conference calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board.
  4. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.
  5. The board shall have a seal which shall be judicially noticed.
  6. The board shall preserve all applications and keep records of all of its proceedings for six years. In any proceeding in court, civil or criminal, arising out of or founded upon this chapter, copies of the records of the board's proceedings signed by a member of the board and certified as correct under the seal of the board by the executive director shall be admissible in evidence in any court of this state without further proof.
  7. The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter as the board deems necessary and shall be authorized to compensate any such persons or members of committees who are not members of the board in such amounts as it shall determine to be reasonable.

(Ga. L. 1908, p. 86, § 2; Civil Code 1910, § 1998; Code 1933, § 84-203; Code 1933, §§ 84-203, 84-204, enacted by Ga. L. 1935, p. 85, §§ 3, 4; Code 1933, § 84-203, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-4; Ga. L. 1988, p. 1616, § 1; Ga. L. 2000, p. 1706, § 19; Code 1981, §43-3-5, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 3/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-4 as present Code Section 43-3-5; substituted "chairperson" for "chairman" in subsection (a); substituted the present provisions of subsection (b) for the former provisions, which read: "The division director shall serve as secretary of the board and perform for the board the duties required of him as provided in Chapter 1 of this title."; substituted the present provisions of subsection (c) for the former provisions, which read: "Three days' notice of any meeting shall be given by the chairman or division director, provided that notice may be waived by instrument in writing executed before or after the meeting; provided, further, that attendance at a meeting of the board shall constitute a waiver of notice thereof. Board meetings may be conducted by conference telephone calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board."; added subsection (d); redesignated former subsections (d) and (e) as present subsections (e) and (f), respectively; substituted "executive director" for "division director" in the second sentence of subsection (f); and deleted former subsection (f), which read: "The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter as the board deems necessary and shall be authorized to compensate any such persons or members of committees who are not members of the board in such amounts as it shall determine to be reasonable."

The 2015 amendment, effective July 1, 2015, added subsection (g).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-5 as present Code Section 43-3-8.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-1.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.


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